Failure to comply with this chapter shall not invalidate any proceedings of any court of this state, nor shall it affect the jurisdiction of the court to render a judgment therein. However, failure to comply with such provisions by any attorney at law shall be grounds for professional discipline and the State Bar of California shall investigate and take appropriate action in any such cases brought to its attention.
§ 365.Failure to Comply With Chapter
Title 2. Of the Time of Commencing Civil Actions · Chapter 5. The Commencement of Actions Based Upon Professional Negligence · Enacted 1975 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 365 provides that failure to comply with the health-care notice chapter does not invalidate court proceedings or affect jurisdiction, but an attorney's noncompliance is grounds for State Bar investigation and professional discipline.
Full Text of § 365
Plain-English Summary
Section 365 answers what happens when the 90-day notice required by § 364 is skipped or botched. The failure does not undo the proceeding — it does not invalidate anything the court has done, and it does not strip the court of jurisdiction to enter judgment.
The consequence instead falls on the attorney. Noncompliance by an attorney at law is grounds for professional discipline, and the State Bar of California is directed to investigate and take appropriate action in cases brought to its attention.
Frequently Asked Questions
If a lawyer skips the 90-day notice, is the whole lawsuit invalid?
No. Section 365 states that failure to comply with the notice chapter does not invalidate the court proceedings or affect the court's jurisdiction to render judgment.
What happens to the attorney who fails to send the required notice?
Section 365 makes that failure grounds for professional discipline, and it directs the State Bar of California to investigate and take appropriate action.
Amendment History
Added by Stats. 1975, 2nd Ex. Sess., Ch. 1.
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: failure to give medical malpractice notice californiaattorney discipline notice requirement