Following Wiley v. County of San Diego (1997) 19 Cal.4th 532, this decision affirms dismissal of a malpractice complaint against a criminal defense attorney.  The plaintiff alleged that due to the attorney’s negligent representation, plaintiff ended up agreeing to pay civil tax fraud penalties as part of a plea bargain in a criminal tax fraud prosecution.  To sue the defense attorney for malpractice, the criminal defendant must prove his actual innocence.  Here, Genis admitted his guilt at all times.  His remedy, if any, for the alleged malpractice lay in post-judgment relief in the criminal case.  And, in fact, he sought that relief and was offered the chance to withdraw his plea and go to trial on the charges.  He elected not to do so.