Shehata v. Cole
Plaintiff Mark Shehata sued his criminal defense attorney, defendant Dana Cole, for legal malpractice in connection with a criminal proceeding which resulted in a plea of no contest. Defendant demurred based on plaintiff's failure to allege "actual innocence" as shown by postconviction exoneration, a required element of a claim for legal malpractice in a criminal matter. (Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1201.) When plaintiff failed to make an offer of proof in response to the trial court's inquiry, the court sustained the demurrer without leave to amend, and entered a judgment of dismissal. Plaintiff appeals. Finding no error, we affirm.
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