Sangha

In an action for legal malpractice, Roopinder Singh Sangha alleged his former criminal defense attorney, Vincent LaBarbera, negligently advised him to plead guilty to felony vandalism (Pen. Code, § 594, subd. (a); all statutory citations are to this code unless noted) in exchange for dismissal of a pending criminal threats charge (§ 422). He later retained new counsel, persuaded the court to set aside his plea, and admitted guilt to a misdemeanor vandalism charge.

The trial court granted LaBarbera’s summary judgment motion, citing Sangha’s failure to raise a triable issue of material fact on whether he had shown actual innocence and postconviction exoneration, necessary requirements for a legal malpractice action arising from the attorney’s allegedly negligent representation in the earlier criminal case. Sangha contends these requirements apply only to the felony vandalism offense, the crime to which LaBarbera negligently advised Sangha to plead guilty. We conclude Sangha must show actual innocence and postconviction exoneration not only of felony vandalism, but also the lesser included offense of misdemeanor vandalism. Because Sangha failed to make the requisite…