Rose

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 643 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 644 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 645 OPINION In Wiley v. County of San Diego (1998) 19 Cal.4th 532 [ 79 Cal.Rptr.2d 672 , 966 P.2d 983 ] ( Wiley ), the California Supreme Court held that when a former criminal defendant sues his or her attorney for legal malpractice ("criminal malpractice"), the former client's "actual innocence [of the underlying criminal charge] is a necessary element of the plaintiff's cause of action." ( Id. at p. 545.) In Coscia v. McKenna Cueno (2001) 25 Cal.4th 1194 [ 108 Cal.Rptr.2d 471 , 25 P. 3d 670 ] ( Coscia ), the California Supreme Court reaffirmed Wiley , *Page 646 supra , 19 Cal.4th 532 , and then held that the client's innocence must be shown by postconviction exoneration in the form of a final judicial disposition of the criminal case. ( Coscia, supra , at pp.…