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ROSE v. HUDSON

No. C052537.

63 Cal.Rptr.3d 248 (2007)

153 Cal.App.4th 641

Pete ROSE, Plaintiff and Appellant, v. Harry E. HUDSON, Jr., Defendant and Respondent.

Court of Appeal of California, Third District.

July 24, 2007.

Attorney(s) appearing for the Case

Law Office of Mark E. Merin, Mark E. Merin and Jeffrey I. Schwarzschild, Sacramento; Law Office of Fred J. Hiestand and Fred J. Hiestand, Sacramento, for Plaintiff and Appellant.

Hansen, Culhane, Kohls, Jones & Sommer and Kevin R. Culhane, Sacramento, for Defendant and Respondent.

SIMS, Acting P.J.

In Wiley v. County of San Diego (1998) 19 Cal.4th 532, 79 Cal.Rptr.2d 672, 966 P.2d 983 (Wiley), the California Supreme Court held that when a former criminal defendant sues his or her attorney for legal malpractice ("criminal malpractice"), the former client's "actual innocence [of the underlying criminal charge]...

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