Ammon v. Superior Court

Opinion

POLLAK, J. *

This petition for writ of mandate presents the as-yet unanswered question whether section 411.30 of the Code of Civil Procedure 1 requires that the attorney’s certificate of merit which must be filed in a malpractice action against a health care provider must reflect that plaintiff’s counsel has consulted with a professional licensed in the same discipline as the defendant. The trial court, in overruling the petitioner’s demurrer, implicitly held that it is sufficient if the certificate shows that the attorney has consulted with an expert licensed in any of the four…