Foster

Ronnie Charles Foster appeals the trial court’s judgment dismissing his suit after granting respondent San Luis Obispo County’s motion for summary judgment. We affirm.

The issue in this appeal is whether respondent can be sued for legal malpractice based upon the alleged negligent performance of the lawyer it provided for appellant when he was an indigent criminal defendant. We hold that such a suit against a local government entity is not permitted where the person appointed to perform the public defender services is not an employee of the government entity.

Lee Cunningham was appointed to represent appellant in his criminal matter. Cunningham was hired as an independent contractor by a private law firm to perform appellant’s defense under the firm’s contract with respondent to provide public defender services.

Following the trial in the criminal case, appellant was convicted of two out of three felony charges, and was sentenced to four years in state prison. The California Supreme Court subsequently ordered appellant’s criminal case transferred back to the Court of Appeal for reconsideration. The Court of Appeal in turn remanded the case to the superior court which…