Guinn

I

Procedural Background

Appellants, Judi L. Guinn and Steven L. Guinn (Guinns), filed a complaint for negligence, dangerous condition of public property, trespass, nuisance, inverse condemnation, and negligent infliction of emotional distress against respondent, James L. Dotson (Dotson), the City of Beaumont (City) and certain contractors regarding the construction of a street in the city. Dotson demurred to the complaint on several grounds, one being that he was a registered civil engineer being sued for professional negligence, and Guinns had failed to comply with Code of Civil Procedure section 411.35, which required the filing of a certificate as described in subdivision (b) (hereinafter referred to as certificate of merit). The record on appeal contains no ruling on this demurrer.

Guinns then filed a first amended complaint alleging the same causes of action. Dotson demurred to the first amended complaint, once again stating as a basis, Guinns’ failure to comply with section 411.35 by not filing a certificate of merit. Thereafter, Guinns filed a motion for an order permitting the late filing of a certificate of merit. Guinns’ attorney, Ronald J. Richard (Richard),…