Marquez v. Fenster
Filed 4/14/06 Marquez v. Fenster CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| TIRESA ALTA MARQUEZ, Plaintiff and Appellant, v. ALAN FENSTER, Defendant and Respondent. | B182937 (Los Angeles County Super. Ct. No. BC325946) |
APPEAL from a judgment of the Superior Court of Los Angeles County, William F. Highberger, Judge. Reversed and remanded.
Moreno & Perez and Hermez Moreno for Plaintiff and Appellant.
Robie & Matthai and Kyle Kveton for Defendant and Respondent.
Appellant Tiresa Alta Marquez brought a complaint for malpractice against her former criminal defense attorney, respondent Alan Fenster. The trial court sustained a demurrer with leave to amend on the ground that facts supporting appellant's allegation of actual innocence of the underlying crime should have been specifically pled. Appellant did not amend further and the claim was dismissed. We conclude that the allegations of appellant's final pleading were sufficient to state a cause of action, and reverse.
FACTUAL AND PROCEDURAL BACKGROUND
Original Complaint
Appellant filed her malpractice complaint in December 2004. The complaint alleged that on June 23, 2000, Turiya Lovejoy Johnson was murdered. Appellant contacted the sheriff's department to inform sheriff's personnel that she had information regarding the incident, and was interviewed in March 2001. She was interviewed again a year later in March 2002. According to the complaint, â€
