In a compelling legal battle, an individual is challenging the County of Riverside over alleged mishandling of his legal representation that led to wrongful imprisonment. Donald McCurdy filed a complaint against the County of Riverside in the Superior Court of Riverside on November 21, 2024, after his petition for relief from the Government Claims Act's notice requirement was denied.
The case stems from McCurdy's claim that he received ineffective assistance from a public defender during a probation revocation hearing in October 2020. This allegedly resulted in his wrongful incarceration for 600 days. The Court of Appeal had previously granted McCurdy's writ of habeas corpus in June 2022, recognizing that he was denied effective counsel. However, when McCurdy submitted a claim for damages to the County on June 30, 2023, it was rejected as untimely under section 911.2 of the Government Code, which requires claims related to personal injury to be filed within six months of accrual.
McCurdy argues that his claim did not accrue until August 17, 2022, when remittitur issued on his habeas corpus writ, giving him one year to file under section 911.2 since he believed his case arose out of contract rather than tort or personal injury. He further contends that three attorneys advised him incorrectly about the filing deadline, leading to what he claims was excusable neglect. Despite these arguments, both the trial court and now the appellate court have upheld the denial of his petition for relief from the notice requirement.
McCurdy seeks compensation for damages resulting from what he describes as professional negligence by his public defender and breach of fiduciary duty by Riverside County. He has been pursuing relief through legal channels since being released from custody following the habeas corpus decision.
Representing McCurdy is attorney Peter Borenstein while Thomas C. Hurrell and Melinda Cantrall represent Riverside County through their law firm Hurrell Cantrall LLP. The case is presided over by Judge Irma Poole Asberry with Case ID D083420.