Certificate of merit (architect, engineer, land surveyor negligence): file the consultation certificate within 60 days after filing the complaint when SOL certificate was used
60 days after date the complaint (or cross-complaint) was filed with a ccp 411.35(b)(2) statute-of-limitations certificate, under Cal. Code Civ. Proc. 411.35(a), (b)(2), (f), (g).
Rule text
(2) That the attorney was unable to obtain the consultation required by paragraph (1) because a statute of limitations would impair the action and that the certificate required by paragraph (1) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificate required by paragraph (1) shall be filed within 60 days after filing the complaint. ... (g) The failure to file a certificate in accordance with this section shall be grounds for a demurrer pursuant to Section 430.10 or a motion to strike pursuant to Section 435.
Cal. Code Civ. Proc. 411.35(a), (b)(2), (f), (g), official source
Calculate this deadline
- Trigger (Date the complaint (or cross-complaint) was filed with a CCP 411.35(b)(2) statute-of-limitations certificate): Friday, November 6, 2026.
- Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Cal. Code Civ. Proc. 411.35(a), (b)(2), (f), (g)
(2) That the attorney was unable to obtain the consultation required by paragraph (1) because a statute of limitations would impair the action and that the certificate required by paragraph (1) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificate required by paragraph (1) shall be filed within 60 days after filing the complaint. ... (g) The failure to file a certificate in accordance with this section shall be grounds for a demurrer pursuant to Section 430.10 or a motion to strike pursuant to Section 435.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Applies to actions (including cross-complaints for damages or equitable indemnity, 411.35(i)) arising from professional negligence of a licensed architect, professional engineer, or land surveyor. The basic certificate must be filed and served 'on or before the date of service of the complaint or cross-complaint on any defendant or cross-defendant' (411.35(a); no day count, see not_modeled). This 60-day period runs from filing, so service extensions do not apply. Failure within 60 days is not grounds for discipline (411.35(f)) but supports demurrer/motion to strike (411.35(g)). Not required where relying solely on res ipsa loquitur or failure to inform (411.35(d)). Section last amended 1999.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the complaint (or cross-complaint) was filed with a CCP 411.35(b)(2) statute-of-limitations certificate on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.
- Trigger (Date the complaint (or cross-complaint) was filed with a CCP 411.35(b)(2) statute-of-limitations certificate): Monday, March 15, 2027.
- Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.
Notes
Applies to actions (including cross-complaints for damages or equitable indemnity, 411.35(i)) arising from professional negligence of a licensed architect, professional engineer, or land surveyor. The basic certificate must be filed and served 'on or before the date of service of the complaint or cross-complaint on any defendant or cross-defendant' (411.35(a); no day count, see not_modeled). This 60-day period runs from filing, so service extensions do not apply. Failure within 60 days is not grounds for discipline (411.35(f)) but supports demurrer/motion to strike (411.35(g)). Not required where relying solely on res ipsa loquitur or failure to inform (411.35(d)). Section last amended 1999.
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.