COSCIA v. McKENNA & CUNEO

No. S089226.

108 Cal.Rptr.2d 471 (2001)

25 Cal.4th 1194

25 P.3d 670

Nicholas F. COSCIA, Plaintiff and Appellant, v. McKENNA & CUNEO et al. Defendants and Respondents.

Supreme Court of California.

July 2, 2001.


Attorney(s) appearing for the Case

Nicholas F. Coscia, in pro. per.; Milberg & De Phillips, Russell M. De Phillips and Roy L. Carlson, Jr., Cardiff By The Sea, for Plaintiff and Appellant.

Gene Moran as Amicus Curiae, on behalf of Plaintiff and Appellant.

Hinshaw & Culbertson, Ronald E. Mallen, San Francisco, Paul E. Vallone; McKenna & Cuneo, Michael H. Fish, and Ross H. Hyslop, San Diego, for Defendants and Respondents.

Hartley & Hartley, Joseph M. Hartley and Mary Kathleen Hartley, Santa Moni-Amici Curiae, on behalf of Defendants and Respondents.

Cooley Godward, Jeffrey G. Randall, Palo Alto, Patrick C. Pope and Andrew C. Temkin as Amici Curiae, on behalf of Defendants and Respondents.


GEORGE, C.J.

In Wiley v. County of San Diego (1998) 19 Cal.4th 532, 79 Cal.Rptr.2d 672, 966 P.2d 983, this court held that when a former criminal defendant sues his or her attorney for legal malpractice, the former client's actual innocence of the underlying criminal charges is a necessary...

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