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WILEY v. COUNTY OF SAN DIEGO

No. S066034.

79 Cal.Rptr.2d 672 (1998)

966 P.2d 983

19 Cal.4th 532

Kelvin Eugene WILEY, Plaintiff and Respondent, v. COUNTY OF SAN DIEGO et al., Defendants and Appellants.

Supreme Court of California.

November 23, 1998.

Attorney(s) appearing for the Case

Lloyd M. Harmon, Jr. and John J. Sansone, County Counsel, Diane Bardsley, Chief Deputy County Counsel, and William A. Johnson, Jr., Deputy County Counsel, for Defendants and Appellants.

Ault, Davis & Schonfeld, Thomas H. Ault, Cecilia P. Ruby, San Diego and Rosary C. Hernandez as Amici Curiae on behalf of Defendants and Appellants.

Kozel, Rady & Brack, Kozel & Rady and Timothy J. Kozel, San Diego, for Plaintiff and Respondent.

BROWN, Justice.

When a former criminal defendant sues for legal malpractice, is actual innocence a necessary element of the cause of action? For reasons of policy and pragmatism, we conclude the answer is yes.

FACTUAL AND PROCEDURAL BACKGROUND

Because a full recital of the underlying facts is not pertinent to resolution of the question presented, we relate them only in brief: In September 1990, plaintiff Kelvin Eugene Wiley (Wiley) was arrested and...

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