McVeigh

This case arises under Code of Civil Procedure section 340.1, subdivision (h), which concerns the certificates of merit required in certain actions alleging childhood sexual abuse. It poses a single question: Whether a section 340.1, subdivision (h)(3) certificate setting forth facts which justify late filing of the subdivision (h)(1) and (h)(2) certificates may be filed with those certificates, even after the period of limitations, or whether the (h)(3) certificate must be filed with the complaint, within the period of limitations. We hold that the subdivision (h)(3) certificate may be filed with the (h)(1) and (h)(2) certificates, which may, under the terms of the statute, be filed as much as 60 days after the complaint is filed, even after the period of limitations.

These are the relevant facts and statutes:

Three subparts follow that critical colon. Under subdivision (h)(1) the attorney’s certificate must state that the attorney has reviewed the facts of the case, consulted with a qualified mental health practitioner, and concluded that there was reasonable and meritorious cause for filing the action. Under section 340.1, subdivision (h)(2), the mental health…