What is the test for a plaintiff to plead and prove actual innocence and exoneration of a crime of which he was convicted?

California, United States of America

The following excerpt is from Wallace v. Mccreary, F059142, Super. Ct. No. 09CECG00833 (Cal. App. 2011):

^4. The plaintiff must plead and prove actual innocence and exoneration of the crime of which he was convicted and lesser included offenses. For example, where the plaintiff's criminal defense attorney negligently advised him to plead guilty to felony vandalism, it was insufficient to plead plaintiff was innocent of felony vandalism, when he subsequently had his plea vacated and pled guilty to the lesser included offense of misdemeanor vandalism. (Sangha v. LaBarbera (2006) 146 Cal.App.4th 79, 81-82.)

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What is the test for a plaintiff to plead and prove actual innocence and exoneration of a crime of which he was convicted?

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