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Name: Bird, Marella, Boxer & Wolpert v. Superior Court (Reiner)
Case #: B162059
Opinion Date: 02/19/2003
Court: CA Court of Appeal
District 2 DCA
Division: 7
Citation: 106 Cal.App.4th 419

When the primary rights asserted in a complaint for legal malpractice by a convicted defendant are the rights to be billed in accordance with specific contractual provisions and to be free from unethical or fraudulent billing practices on the part of defense counsel, a criminal defendant client need not allege actual innocence in order to state a cause of action for breach of contract, breach of fiduciary duty, fraud, and money had and received.