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BIRD, MARELLA, BOXER & WOLPERT v. SUPERIOR COURT

No. B162059.

130 Cal.Rptr.2d 782 (2003)

106 Cal.App.4th 419

BIRD, MARELLA, BOXER & WOLPERT et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent, John J. Reiner et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Seven.

As Modified on Denial of Rehearing March 17, 2003.

Attorney(s) appearing for the Case

Musick, Peeler & Garrett, Mary Catherine M. Bohen and Cheryl A. Orr, Los Angeles, for Petitioner.

No appearance for Respondent.

Lange & Koncius, Joseph J. M. Lange, Los Angeles, and Jeffrey A. Koncius for Real Parties in Interest.

JOHNSON, J.

Under our Supreme Court's holding in Wiley v. County of San Diego,1 a convicted criminal defendant must allege actual innocence in order to state a cause of action for legal malpractice against former defense counsel. The issue before us is whether a convicted criminal defendant must allege actual innocence in order to state a cause of action against former defense counsel...

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