Legal Question in Civil Litigation in California

Re: Malicious Prosecution

Yes. The statute of limitations is two years. See Code of Civil Procedure Section 335.1.

Re: Malicious Prosecution

Of course; two years. Before doing so, be very sure of your basis. Losing that case subjects you to a slam dunk responsive case. Feel free to contact me if it is in SoCal courts, and you have a serious case you think you can support.

Re: Malicious Prosecution

There are other rules that govern the filing an action for malicious prosecution than just knowing what the statute of limitations is. You should be aware that the statute commences running at the entry of judgment, but is tolled from the time a person files a notice of appeal until the end of the appeal, which is when the remittitur is issued. (Rare Coin Galleries, Inc. v. A- Mark Coin Co., Inc. (1988) 202 Cal.App.3d 330.)

It is not going to start running based on some claim of delayed discovery. You should at least consult with a lawyer before deciding to wait the two years until filing.

Very truly yours,