California Court of Appeal

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Yee v. Cheung, D060989

The trial court properly dismissed a malicious prosecution action against attorney defendant and granted the remaining defendants' motion to strike plaintiff's complaint, which arose from the defendants' participation in an underlying action against plaintiff for claims of fraud and conversion in which plaintiff prevailed, where: 1) the one year statute of limitations in Code of Civil Procedure 340.6 which applies only to actions against attorneys for their wrongful acts or omissions, governs the malicious prosecution claim against attorney defendants; and 2) plaintiff has failed to show a probability of prevailing on the lack of probable cause element of his malicious prosecution claim.

Appellate Information

  • Decided 10/04/2013
  • Published 10/04/2013

Judges

  • AARON

Court

  • California Court of Appeal

Counsel