G Eric Kuskey vs Salvatore A Garofalo et al

actual innocence." (Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1199-1200 (Coscia).) " 'The fact that nonnegligent counsel 'could have done better' may warrant postconviction relief, but it does not translate into civil damages, which are intended to make the plaintiff whole.' " [Citation.] 'Only an innocent person wrongly convicted due to inadequate representation has suffered a compensable injury because in that situation the nexus between the malpractice and palpable harm is sufficient to warrant a civil action, however inadequate, to redress the loss. [Citation.]' " (Coscia, supra, 25 Cal.4th at p. 1200.)

"[A]n individual convicted of a criminal offense must obtain reversal of his or her conviction, or other exoneration by postconviction relief, in order to establish actual innocence in a criminal malpractice action. As discussed, public policy considerations require that only an innocent person wrongly convicted be deemed to have suffered a legally compensable harm. Unless a person convicted of a criminal offense is successful in obtaining postconviction relief, the policies ... preclude recovery in a legal malpractice action." (Coscia, supra, 25 Cal.4th at p. 1201.)

Here, the complaint does not allege facts establishing Colosi's actual innocence in the Proceeding by reversal of her conviction, or other exoneration by postconviction relief. This is an essential element of a professional negligence cause of action under these circumstances. (Coscia, supra, 25 Cal.4th at pp. 1199-1201.) Thus, the complaint fails to state a claim for professional negligence against the County.

The court will sustain the demurrer with leave to amend. The court will grant Colosi leave to file a first amended complaint to address the deficiencies noted herein. To the extent Colosi seeks to allege a theory other than professional negligence, Colosi may also state that theory in a first amended complaint.

The court will grant the County's request for judicial notice of the court documents attached as Exhibits A though L pertaining to the Proceeding, Case No. 19CR12190, Theresa Colosi v. County of Santa Barbara and Montecito Bank & Trust, a petition for habeas corpus, Case No. 23CR07932, and the appeal proceedings in The People v. Theresa Colosi, Case No. B340639. (See Evid. Code, Sec. 452, subd. (d).)

The court will also grant County's request as to Colosi's government tort claim submitted to the County of Santa Barbara Clerk of the Board, attached to the request as Exhibit M. (See Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 368, fn. 1.)

The court notes that the complaint in this action incorporates and seeks judicial notice of some of the pleadings in the Proceeding, Case No. 19CR12190. (See Compl., p. 1, ll. 22-23.) To the extent granted, judicial notice of the documents described above extends to the existence of court records but does not extend to the truth of facts contained in the documents that are subject to dispute or to any hearsay or irrelevant matter. (See Johnson & Johnson v Superior Court (2011) 192 Cal.App.4th 757, 768.)

Tentative Ruling: G Eric Kuskey vs Salvatore A Garofalo et al Tentative Ruling: G Eric Kuskey vs Salvatore A Garofalo et al Case Number

Case Type Civil Law & Motion Hearing Date / Time Fri, 05/22/2026 - 10:00 Nature of Proceedings CMC; Demurrers and Motions to Strike Tentative Ruling On the Court's own motion, the Case Management Conference, Demurrers and Motions to Strike on calendar for Friday, May 22, 2026, at 10 am in Dept. 4 are continued to Friday, July 10, 2026, at 10 am in Dept. 4

Tentative Ruling: Santa Barbara Humane vs Nathan William Calhoun Tentative Ruling: Santa Barbara Humane vs Nathan William Calhoun Case Number