California, United States of America
The following excerpt is from Petrou v. South Coast Emergency Group, 119 Cal.App.4th 1090, 15 Cal.Rptr.3d 64 (Cal. App. 2004):
Defendants' suggestion is a patchwork solution for a problem created only by their insistence on using the trial date as the measuring mark. It is not necessary if we use the date of the alleged malpractice. In that case, a party will know at the time of designation that the expert meets the requirements of the section, no matter when the trial actually occurs. This interpretation provides certainty and "results in a logical and workable scheme. [Citation.]" (Miranda v. National Emergency Services, supra, 35 Cal.App.4th at p. 907, 41 Cal.Rptr.2d 593.)
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