Soderstrom

FACTS

In November 2004, plaintiff was convicted of attempted voluntary manslaughter and other crimes. The court sentenced him to 12 years in prison. On December 20, 2005, plaintiff petitioned this court for a writ of habeas corpus, alleging, inter alia, multiple instances of ineffective assistance of counsel by the County of Orange and alternate public defender Ray Chen (who served as plaintiff‟s trial counsel in the criminal case). In June 2007, we denied plaintiff‟s habeas corpus petition and also affirmed the judgment on appeal. Our Supreme Court subsequently denied plaintiff‟s petition for review. Plaintiff then filed a habeas corpus petition with the federal district court. On May 15, 2008, plaintiff filed his legal malpractice complaint against defendants. On July 2, 2008, defendants demurred and moved to strike the complaint.

1 The record does not contain plaintiff‟s original or first amended complaint. We take our factual recitation from the superior court‟s register of actions, plaintiff‟s December 20, 2005 petition for habeas corpus, defendants‟ demurrer to plaintiff‟s first amended complaint, and defendants‟ motion to set aside the stay.

2 On July 24, 2008, plaintiff…