A Guilty Plea Is Not a Contract with the Prosecuting County

In Brown v. County of Los Angeles,  published August 29, 2014, the Second District Court of Appeal, Division 4, affirmed the dismissal on demurrer of a "contract fraud" cause of action against the defendant county.  In 1987, the plaintiff, allegedly 16 at the time, pled guilty to second degree murder.  In 2012, he filed a civil suit against the county, contending that the plea bargain was a contract, that he was coerced into signing, and that the "contract" violated Civil Code sections 38 and 1556 (which bar minors and persons "entirely without understanding" from contracting).  He sought millions in damages, and a declaration that his plea was void.  The court held that civil actions may not be used to challenge the validity of criminal judgments.  Further, civil statutes that govern contracts in general do not govern plea bargains.  The Penal Code and due process govern plea bargains.