California, United States of America
The following excerpt is from Borhan v. Bassis, B282789 (Cal. App. 2019):
The court set out its rationale in a detailed written order. As to appellant's first, second and fourth causes of action for negligence, intentional tort, breach of contract or breach of fiduciary duty, the court found that they were all based on the same essential facts involving professional negligence. Because the acts had occurred in 2009, they were barred by the one-year statute of limitations found in Code of Civil Procedure section 340.6, subdivision (a). Furthermore, the court found that in order to bring a legal malpractice claim, appellant was required to show proof of actual innocence. (Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1200.) Appellant failed to allege that he was factually innocent. For this additional reason, no causes of action were properly stated.
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