Hill v. O'Neill CA3
Plaintiff Donald Jesse Hill, a state prisoner who represents himself in this
proceeding, sued his former criminal defense attorneys, who represented him in 1991, for
professional malpractice, intentional tort, and breach of contract because, according to his
complaint, they refused to send him his criminal file. The trial court sustained
defendants’ demurrer to Hill’s second amended complaint without leave to amend, and
Hill appeals. We conclude the trial court properly sustained the demurrer and dismissed Hill’s
complaint because he fails to allege facts to state a cause of action for intentional
tort or breach of contract and because his professional malpractice cause of action suffers
from several fatal flaws: (1) failure to state a cause of action because Hill fails to allege
he was actually innocent of the criminal charges, (2) failure to file his complaint within
the applicable statute of limitations, and (3) failure to comply with the Government Tort
Claims Act
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