What is a certificate of merit?

Certificates of Merit A certificate of merit is a statement from an “appropriate licensed professional.” This means that the professional must hold a medical license, and typically must be in an equal professional position as the defendant.

Who signs certificate of merit?

A certificate of merit is a document that the plaintiff’s attorney files that is signed by an “appropriate licensed professional.” In it, the professional declares that he or she has reviewed the medical malpractice claim and that he or she believes that there is a reasonable probability that the defendant provided …

What is a certificate of merit architecture?

Home Practice ToolsCertificate of Merit. Certificate of Merit. Overview. The Certificate of Merit law is designed to limit frivolous lawsuits against design professionals by assisting attorneys in assessing the technical merits of a potential case, prior to filing suit.

What is a Certificate of Merit in high school?

A certificate of merit is a document that recognizes the achievements of an individual or a group. Individuals must have made a recognizable contribution or have made a noticeable difference within the school, company, organization or community to receive a certificate of merit.

How to get a certificate of Merit in California?

For specific information regarding Certificate of Merit see the California Code of Civil Procedure §411.35 or consult an attorney. For more information please call the AIACC Legislative Affairs Department at (916) 448-9082.

Do you need a certificate of Merit to sue an architect?

There’s a lesser known requirement embodied in Code of Civil Procedure Section 411.35 that sets forth special requirements when filing a professional negligence case against an architect, a professional engineer, or a land surveyor. This section requires that the filing attorney attach a certificate of merit when filing the complaint.

Can you sue a professional engineer in California?

The purpose of this statute was to curtail the filing of frivolous cases against architects, professional engineers, and land surveyors. Fair enough, but it seems strange that no similar requirement is made for most other professionals in California – one can file a malpractice action against a doctor without a certificate of merit.

Why is the Certificate of Merit law important?

The Certificate of Merit law is designed to limit frivolous lawsuits against design professionals by assisting attorneys in assessing the technical merits of a potential case, prior to filing suit.