Price

Before serving a professional negligence complaint against a licensed engineer, the plaintiffs attorney must file a certificate of merit declaring that “there is reasonable and meritorious cause” for filing the action. The declaration must be based on the attorney’s consultation with a licensed engineer who is not a party, whom the attorney “reasonably believes is knowledgeable in the relevant issues,” and who renders an opinion on the defendant’s negligence. (Code Civ. Proc., §411.35, subds. (a) & (b). ) Failure to file a certificate is a ground for demurrer. (§ 411.35, subd. (g).) In this case, we hold that the established rules governing demurrers require the trial court to grant the plaintiff leave to file an amended complaint and a proper certificate under section 411.35, if there is a reasonable possibility of curing a defect in meeting the certificate requirement.

Carol L. Price appeals from a judgment dismissing her complaint against respondents Dames & Moore and Montgomery Watson Americas, Inc. (formerly known as James M. Montgomery Consulting Engineers, Inc.; hereafter Montgomery). The judgment was entered after the trial court sustained respondents’ demurrers…