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AB-2106 • 2026

Malpractice actions: architects, engineers, or surveyors.

Malpractice actions: architects, engineers, or surveyors.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Patel
Last action
2026-03-02
Official status
Referred to Com. on JUD.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on the conforming changes mentioned in the candidate explanation, so this information was omitted.

Malpractice Laws for Design Professionals

This law updates rules about lawsuits against architects, engineers, and other design professionals by changing who must sign a certificate saying the lawsuit is reasonable.

What This Bill Does

  • Expands the types of professionals covered to include landscape architects, geologists, and geophysicists.
  • Changes the requirement so that it's now the professional expert, not the lawyer, who signs the certificate stating the case is valid.
  • Specifies what information must be included in the certificate about the expert’s qualifications and opinion on the lawsuit.

Who It Names or Affects

  • Lawyers who file lawsuits against design professionals
  • Design professionals like architects, engineers, geologists, and others

Terms To Know

Certificate
A document that must be signed by a professional expert stating the lawsuit is reasonable.

Limits and Unknowns

  • The bill does not specify when it will take effect.
  • It's unclear how this change might affect the number of lawsuits against design professionals.

Bill History

  1. 2026-03-02 California Legislative Information

    Referred to Com. on JUD.

  2. 2026-02-19 California Legislative Information

    From printer. May be heard in committee March 21.

  3. 2026-02-18 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 2106, as introduced, Patel.
Malpractice actions: architects, engineers, or surveyors.
Existing law requires the attorney for the plaintiff or cross-complainant in any action arising out of the professional negligence of an architect, professional engineer, or land surveyor to file and serve a certificate declaring either that the attorney has consulted and received an opinion that the action is reasonable and meritorious from an architect, professional engineer, or land surveyor, licensed to practice in this state or in any other state, or that the attorney was unable to obtain that consultation for specified reasons.
This bill would expand the malpractice complaints covered by the provision to include those against landscape architects, professional geologists, and professional geophysicists. This bill would recast the requirements of the certificate to require a practitioner, licensed in this state in same discipline as the
defendant or cross-defendant, not the attorney, to complete the certificate. The bill would specify required elements of the certificate pertaining to the licensure and experience of the practitioner, their lack of interest in the litigation, and their professional opinion regarding the reasonableness and merit of the action. The bill would remove the exception that an attorney can file a certification that states they were unable to obtain a consultation with a practitioner. The bill would make additional conforming changes.

Current Bill Text

Read the full stored bill text 
Download Bill PDF