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. We the
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