What is the legal test required for a plaintiff to file a certificate of merit in an action for childhood sexual abuse?

California, United States of America


The following excerpt is from Rubenstein v. Doe, 200 Cal.Rptr.3d 211, 245 Cal.App.4th 1037 (Cal. App. 2016):

Every plaintiff 26 years of age or older at the time an action for childhood sexual abuse is filed must file certificates of merit. ( 340.1, subd. (g).) The purpose of the certificate of merit requirement is to impose " pleading hurdles aimed at reducing frivolous claims. " (Jackson v. Doe (2011) 192 Cal.App.4th 742, 752, 121 Cal.Rptr.3d 685.) Separate certificates of merit must be filed for each defendant named in the complaint. ( 340.1, subd. (i).) Subdivision (h) of section 340.1, details the certificate of merit requirement.

[245 Cal.App.4th 1050]

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