Brown
Brown v. County of Los Angeles
Opinion
Opinion
Epstein, J.
Keith A. Brown appeals from an order sustaining respondent County of Los Angeles’s demurrer without leave to amend. Appellant contends that, under civil contract law, his plea of guilty is invalid because he was a minor when it was entered. Appellant may not challenge his criminal conviction by means of a civil lawsuit. We affirm the order of dismissal.
FACTUAL AND PROCEDURAL SUMMARY
In 1987, appellant pled guilty to second degree murder and was sentenced to 17 years to life in prison. In 2012, he filed this civil action against respondent, alleging “contract fraud” and seeking $30 million in damages and a declaration that his plea was void. Appellant claimed that he was 16 years old at the time the plea was entered and that he was “coerced” to enter it. He asserted the plea was entered pursuant to a plea bargain, in violation of Civil Code sections 38 and 1556, which provide that minors and persons “entirely without understanding” may not contract. (Id., § 38.) The trial court sustained respondent’s demurrer without leave to amend, ruling that appellant could not rely on civil statutes to challenge a criminal judgment in civil court. Appellant filed a notice of appeal…