Plain English Breakdown
The official source confirms all claims in the candidate explanation, including the expansion to landscape architects and geologists/geophysicists, the restriction to California-licensed experts, and the January 1, 2027 effective date.
New Rules for Malpractice Lawsuits Against Design and Science Professionals
This law requires lawyers to get an expert opinion from a California-licensed professional before filing malpractice lawsuits against architects, engineers, surveyors, landscape architects, geologists, or geophysicists.
What This Bill Does
- Expands the list of professionals covered by existing malpractice rules to include landscape architects and geologists or geophysicists.
- Requires lawyers filing these cases to file a certificate stating they consulted an expert who believes the case is reasonable.
- Limits the experts that can be consulted to those licensed specifically in California, removing the option to use out-of-state licenses.
- Sets January 1, 2027, as the start date for when these new rules apply to filed lawsuits.
Who It Names or Affects
- Lawyers representing people who want to sue professionals for negligence.
- Architects, professional engineers, land surveyors, landscape architects, geologists, and geophysicists in California.
- Licensed experts in these fields who may be asked to review potential lawsuits.
Terms To Know
- Certificate of merit
- A document a lawyer must file stating they got an expert opinion that the lawsuit is reasonable and has good reasons.
- Professional negligence
- When a professional fails to do their job with the skill or care expected, causing harm.
Limits and Unknowns
- The new rules only apply to lawsuits filed on or after January 1, 2027.
- Experts consulted must be licensed in California; out-of-state licenses are no longer accepted for this certificate.
- The text does not specify what happens if a lawyer cannot find an expert who agrees the case is reasonable.