Code of Civil Procedure Section 411.35

Compiled January, 2023

Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill):

Added: 1979, c. 973
•  1983, c. 414:  in subdivision (a), substituted “every” for “any” preceding “action”, inserted “including a cross-complaint”, and inserted “or indemnity”, and substituted “by” for “in” preceding “subdivision”; in subdivision (b), inserted “or cross-complainant” in the first sentence; in subdivision (b)(1), inserted a comma following “state”, inserted “who” preceding “teaches”, inserted “is licensed to practice in the state or any other state, in the same discipline as the defendant or cross-defendant and”, and added the second sentence; in subdivision (c), deleted “such” preceding “certificate”, and added a comma following “filed”; in subdivision (e), substituted “The” for “Such” preceding “privilege”; in subdivision (g), inserted “in accordance with” and “or a motion to strike pursuant to Section 435”; and, in subdivision (h), substituted “1987” for “1984”, and substituted “that” for “such” preceding “date”.
•  1986, c. 1231:  in subdivision (h), substituted “1989” for “1987”.
•  1988, c. 1070:  rewrote subdivision (h), which read:  “This section shall remain in effect only until January 1, 1989, and as of that date is repealed.”
•  1990, c, 204:  added subdivision (i) defining action; and made nonsubstantive changes in subdivision (a).
•  1991, c. 272:  in subdivision (h), in the second paragraph, substituted “January 1, 1997” for “January 1, 1992” as the repeal date of the section.
•  1995, c. 241:  in the first sentence of subdivision (b)(1), inserted “and received an opinion from” following “has consulted with”; added the third sentence of subdivision (b)(1), relating to contents of the opinion; in subdivision (h), deleted the second paragraph which related to repeal of the section on Jan. 1, 1997; and made nonsubstantive changes.
•  1999, c. 176:  in subdivision (a), inserted references to cross-complaint, cross-defendant, and cross-plaintiff; and inserted “and serve”.

Eight bills affected this section.

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