Tibor
Tibor v. Superior Court
Opinion
Opinion
Boren, J.
Petitioner, Thomas Laurence Tibor, a Los Angeles County deputy public defender, seeks a writ of mandate directing the superior court to set aside its order denying his motion for summary judgment.
I. Factual and Procedural History
On November 12, 1991, real party in interest, Gregg Daniel McNamara, was charged with forcible rape with a deadly weapon. He was represented by Tibor from about November 22, 1991, to November 23, 1992. McNamara’s defense was then turned over to another deputy public defender, Ramon Quintana. On March 15,1993, McNamara sought and received permission to represent himself. During trial, the victim testified on direct examination but refused to be cross-examined. The case was dismissed, and in August 1993, McNamara was released from jail. McNamara then filed suit against Los Angeles County, Los Angeles County Public Defender Wilbur Littlefield, Quintana and Tibor for malpractice that he claims cost him 655 days of freedom.
McNamara alleged that he asked Tibor in November 1991 to obtain DNA testing because the results would show that he, McNamara, “was not the rapist.” Tibor, however, failed to timely request the necessary court approval, obtain…