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BROOKS v. SHEMARIA

No. B187434.

50 Cal.Rptr.3d 430 (2006)

144 Cal.App.4th 434

John S. BROOKS, Plaintiff and Appellant, v. Joseph SHEMARIA, Defendant and Respondent.

Court of Appeal of California, Second District, Division One.

October 30, 2006.

Attorney(s) appearing for the Case

John S. Brooks, in pro. per., for Plaintiff and Appellant.

John Schlanger, Van Nuys, for Defendant and Respondent.

ROTHSCHILD, J.

Convicted criminal defendant John S. Brooks appeals from the judgment entered in favor of his former attorney, Joseph Shemaria, on Brooks' complaint for breach of contract and professional negligence. The trial court granted summary judgment on the ground that, in order to prevail, Brooks had to prove he was actually innocent of the crime of which he was convicted. We conclude that the actual innocence requirement does not apply to Brooks' claims, because...

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