Strauch

Petitioners Harold B. Strauch, M.D., and Harold B. Strauch, M.D., a medical corporation, petition the court for a writ of mandate directing the superior court to enter an order granting petitioners’ motion to strike the medical malpractice complaint filed by real party Wesley J. Welker and to deny Welker’s motion for relief pursuant to Code of Civil Procedure section 473.

The sole issue we consider is whether Welker complied with Code of Civil Procedure section 411.30 which requires the filing of a certificate of merit incident to the maintenance of a medical malpractice action. We shall deny the writ upon the ground that intervening amendments to section 411.30 apply to validate the filing of a certificate of merit after the filing of a complaint for medical malpractice.

I

On August 22, 1979, Welker filed a complaint for medical malpractice against petitioner but did not accompany it with a certificate of merit or a certificate of inability to timely comply as then required by Code of Civil Procedure section 411.30. (Stats. 1978, ch. 1165, § 1.)

Petitioners moved to strike the complaint claiming that Welker’s failure was jurisdictional. Welker sought and was granted…