(a) Whenever a complaint for damages is filed against any architect, landscape architect, engineer, building designer, or land surveyor, duly licensed as such under the laws of this state, in an action for error, omission, or professional negligence in the creation and preparation of plans, specifications, designs, reports or surveys which are the basis for work performed or agreed to be performed on real property, any such defendant may, within 30 days after service of summons, move the court for an order, upon notice and hearing, requiring the plaintiff to file an undertaking in a sum not to exceed five hundred dollars ($500) as security for the costs of defense as provided in subdivision (d), which may be awarded against the plaintiff. The motion shall be supported by affidavit showing that the claim against the defendant is frivolous. At the hearing upon the motion, the court shall order the plaintiff to file the undertaking if the defendant shows to the satisfaction of the court that (i) the plaintiff would not suffer undue economic hardship in filing the undertaking, and (ii) there is no reasonable possibility that the plaintiff has a cause of action against each named defendant with respect to whom the plaintiff would otherwise be required to file the undertaking. No appeal shall be taken from any order made pursuant to this subdivision to file or not to file the undertaking. A determination by the court that the undertaking either shall or shall not be filed or shall be filed as to one or more defendants and not as to others, shall not be deemed a determination of any one or more issues in the action or of the merits thereof. If the court, upon any such motion, makes a determination that an undertaking be filed by the plaintiff as to any one or more defendants, the action shall be dismissed as to the defendant or defendants, unless the undertaking required by the court has been filed within such reasonable time as may be fixed by the court.
§ 1029.5.Professional Negligence In Creation and Preparation of Plans, Specifications Designs, Reports Or Surveys
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 1029.5 lets a licensed architect, landscape architect, engineer, building designer, or land surveyor sued for professional negligence in preparing plans or designs move, within 30 days of service, for an undertaking of up to $500 per defendant securing the defense costs of a claim the defendant shows is frivolous.
Full Text of § 1029.5
(b) This section does not apply to a complaint for bodily injury or for wrongful death, nor to an action commenced in a small claims court.
(c) Whenever more than one such defendant is named, the undertaking shall be increased to the extent of not to exceed five hundred dollars ($500) for each additional defendant in whose favor the undertaking is ordered not to exceed the total of three thousand dollars ($3,000).
(d) In any action requiring an undertaking as provided in this section, upon the dismissal of the action or the award of judgment to the defendant, the court shall require the plaintiff to pay the defendant's costs of defense authorized by law. Any sureties shall be liable for such costs in an amount not to exceed the sum of five hundred dollars ($500) or the amount of the undertaking, whichever is lesser, for each defendant with respect to whom the sureties have executed an undertaking.
Plain-English Summary
Design professionals sued over their plans, specifications, designs, reports, or surveys get a specific tool for weeding out weak claims early. Within 30 days after being served, a defendant covered by this section can move the court, on notice and after a hearing, for an order requiring the plaintiff to post an undertaking, up to $500, to secure the defendant's costs of defense.
The motion has to be backed by an affidavit showing the claim against the defendant is frivolous, and the court can only order the undertaking if the defendant also shows the plaintiff wouldn't suffer undue economic hardship in posting it and that there's no reasonable possibility the plaintiff has a viable claim against that defendant. When multiple defendants are named, the undertaking scales up by $500 per additional defendant, capped at $3,000 total.
The stakes for the plaintiff are real: if the court orders an undertaking and the plaintiff doesn't file it within the time the court sets, the action gets dismissed as to that defendant. And if the case is ultimately dismissed or judgment goes to the defendant, subdivision (d) requires the plaintiff to pay the defendant's costs of defense, with the sureties on the undertaking liable up to $500 per defendant or the bond amount, whichever is less.
The section carves out two exceptions: it doesn't apply to complaints alleging bodily injury or wrongful death, and it doesn't apply to actions filed in small claims court. No appeal is allowed from the court's ruling on the motion, and that ruling doesn't decide any issue on the merits.
Frequently Asked Questions
Which professionals can use the undertaking procedure in Section 1029.5?
Licensed architects, landscape architects, engineers, building designers, or land surveyors sued for error, omission, or professional negligence in preparing plans, specifications, designs, reports, or surveys for work on real property.
How long does a defendant have to bring this motion?
Within 30 days after service of the summons.
What happens if the plaintiff doesn't post the undertaking the court orders?
The action is dismissed as to that defendant, unless the plaintiff files the undertaking within the time the court fixes.
Does this section apply to bodily injury or wrongful death claims?
No. Subdivision (b) excludes complaints for bodily injury or wrongful death, and actions filed in small claims court.
Can a party appeal the court's ruling on the undertaking motion?
No, Section 1029.5 says no appeal may be taken from an order made on this motion.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 162.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1029.5 frivolous claim undertaking architect engineerdesign professional lawsuit bond californiasurveyor negligence lawsuit security costs california