Certificate of Reliance on Res Ipsa Loquitur
or Failure To Inform Form
Exercise Extreme Caution when using many of our free forms - or any legal material. While they may provide general ideas on format & content, validity requirements can and do vary greatly from state to state. Many MUST be Properly Modified for your own location and circumstances. (Hint: If in doubt it's usually safer to include unneeded clauses than to leave out necessary ones. . . . but it's even safer to consult a competent source or use current, state specific ones like ours mentioned below.) Also, we urge people (and lawyers too) to read our Relying On Legal Info FAQ
[Attorney name] [Address] [Telephone number] Attorney for Plaintiff, [name] xxx Court, County of xxx [xxx District] xxxxxx ) No. xxx Plaintiff(s) ) vs. ) CERTIFICATE OF RELIANCE ON ) [RES IPSA LOQUITUR] [AND xxxxxx ) ON] [FAILURE TO INFORM] Defendant(s) ) (CCP Ñ411.35(d)) __________________________) [Name] declares: 1. I am the attorney for plaintiff, [name], in this action. 2. This action is one for damages arising out of professional negligence. 3. A certificate of merit is not required because plaintiff intends to rely solely on [the doctrine of res ipsa loquitur] [and on] [defendant [name]'s failure to inform plaintiff of the consequences of a procedure]. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: xxxxxx _______________________ [Typed name] Attorney for xxxxxx [This certificate must be filed when the complaint is filed, in contrast to the certificate of merit, which must be filed on or before the service of the complaint.]
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[Last Revised 3/02]
