Foster v. County of San Luis Obispo

Opinion

STONE (S. J.), P. J.

Ronnie Charles Foster appeals the trial court’s judgment dismissing his suit after granting respondent San Luis Obispo County’s motion for summary judgment. We affirm.

The issue in this appeal is whether respondent can be sued for legal malpractice based upon the alleged negligent performance of the lawyer it provided for appellant when he was an indigent criminal defendant. We hold that such a suit against a local government entity is not permitted where the person appointed to perform the public defender services is not an employee of the government entity.

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