Shehee v. Hampar CA5
Plaintiff and appellant, Gregory Shehee, filed the underlying complaint for legal malpractice and negligent infliction of emotional distress against defendant and respondent, Arthur Hampar, a deputy public defender. Shehee alleged Hampar provided him with inadequate legal representation in his criminal case. Specifically, Shehee claimed Hampar violated his duty of loyalty and duty to inform. According to Shehee, Hampar did not inform Shehee of, and waived, his constitutional rights under the Fifth, Sixth, and Fourteenth Amendments. However, when Shehee filed his complaint, the criminal case against him had not been resolved.
Hampar demurred to the complaint arguing Shehee could not state a legal malpractice claim arising from a criminal proceeding because Shehee could not plead and prove actual innocence, an element of the cause of action. The trial court agreed and sustained the demurrer without leave to amend.
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