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LYNCH v. WARWICK

No. D035507.

115 Cal.Rptr.2d 391 (2002)

95 Cal.App.4th 267

Thomas J. LYNCH, Jr., Plaintiff and Appellant, v. Thomas J. WARWICK, Jr., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

January 16, 2002.

Attorney(s) appearing for the Case

Thomas J. Lynch, Jr., in pro. per.; and James Byrnes, San Diego, for Plaintiff and Appellant.

Kennerson, Schwartz, Semerdjian & Haile, Dick A. Semerdjian and James R. Ballard, San Diego, for Defendant and Respondent.

KREMER, P.J.

Thomas J. Lynch, Jr. appeals a summary judgment and order denying his motion to vacate the judgment on his action for legal malpractice, breach of contract and breach of fiduciary duty against his former criminal defense attorney, Thomas J. Warwick, Jr. Lynch contends the trial court erred in finding that he was required to establish his actual innocence of the underlying criminal charges in order to pursue his claims against Warwick. We affirm.

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