California Court of Appeal

The statute of limitations for malicious prosecution is two years, irrespective of whether the defendant is a former adversary or the adversary’s attorney, and the two-year period is tolled during the pendency of an appeal taken from the judgment in the prior action that is the basis for the malicious prosecution complaint. However, while plaintiff's malicious prosecution complaint was timely, in response to defendant's anti-SLAPP special motion to strike it did not make the minimal showing to establish malice.

Appellate Information

• Decided 04/15/2014
• Published 04/15/2014

Judges

• Aldrich

Court

• California Court of Appeal

Counsel