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Case Summaries
3432 The statute of limitations on malicious prosecution begins to run when the underlying action terminates in the trial court in favor of the person now suing for malicious prosecution, is tolled during the pendency of an appeal, and begins running again when the Court of Appeal issues a remittitur affirming the trial court's judgment; if the trial court's decision was not favorable to the person now suing for malicious prosecution, but the decision on appeal is, the statute first begins running upon issuance of the remittitur; even if it is reversed on appeal, a trial court's decision that a claim has merit conclusively establishes that it was brought with probable cause and precludes a subsequent action for malicious prosecution of the claim; even after sustaining a demurrer, a trial court should consider a SLAPP motion previously filed by the defendant and award attorney fees if the motion would have been successful.
WHITE v LIEBERMAN (Malicious Prosecution Limitations) 103 CA4 210 [See: CCP 425.16; Rare Coin v A-Mark 202 CA3 330; Korody-Colyer v GM 208 CA3 1148; Sheldon Appel v Albert & Oliker 47 C3 863; Wilson v Parker 28 C4 811, T/AT 9/02; Coltrain v Shewalter 66 CA4 94, T/AT 9/98]
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