Legal Opinion
Coscia v. McKenna & Cuneo
California Supreme Court
Decided July 2, 2001No. S089226PublishedCited by 111 opinions
1Opinion of the Court
Opinion
GEORGE, C. J.
In Wiley v. County of San Diego (1998) 19 Cal.4th 532 [79 Cal.Rptr.2d 672, 966 P.2d 983], this court held that when a former criminal defendant sues his or her attorney for legal malpractice, the former client’s actual innocence of the underlying criminal charges is a necessary element of the malpractice cause of action. We granted review in this matter to address a distinct, but related, question—whether a former criminal defendant must obtain exoneration by postconviction relief as a prerequisite to obtaining relief for legal malpractice. As we shall explain, we conclude…
2Cases cited33 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
- Budd v. NixenCalifornia Supreme Court · 1971
- People v. SimsCalifornia Supreme Court · 1982
- Teitelbaum Furs, Inc. v. Dominion Ins. Co., Ltd.California Supreme Court · 1962
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3Cited by111 opinions
- Gibson v. TrantTennessee Supreme Court · 2001
- Yount v. City of SacramentoCalifornia Supreme Court · 2008
- Ang v. MartinWashington Supreme Court · 2005
- Beal Bank, SSB v. Arter & Hadden, LLPCalifornia Supreme Court · 2007
- Trobaugh v. SondagSupreme Court of Iowa · 2003
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