DiPIRRO

If a private plaintiff in a Proposition 65 lawsuit fails to provide a required certificate of merit 60 days before filing the complaint, may that failure be cured by providing the certificate after litigation has begun? In the published portion of this opinion, we conclude that providing the certificate postlitigation is not a cure because it impairs one method of achieving the statutory goal of reducing frivolous lawsuits.

Appellant Michael DiPirro appeals from an order of dismissal in favor of respondents American Isuzu Motors Inc., Hyundai Motor America, Kia Motors America, Inc., Mazda North American Operations, and Mitsubishi Motor Sales of America, Inc., pursuant to those respondents’ successful motion for judgment on the pleadings. Appellant contends the trial court erred in ruling that his failure to comply with the prelitigation certificate of merit requirement under section 25249.7, subdivision (d) mandated dismissal of his Proposition 65-based causes of action. We affirm.

Background

Proposition 65 prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or…