One-Year Statute Of Limitations Applies In Action Against Attorney For Malicious Prosecution.

California Code of Civil Procedure section 340.6 specifies a one-year statute of limitations in actions against attorneys “arising in performance of professional services, except for actions for actual fraud.” Section 335.1 specifies a general two-year statute of limitations applicable to actions for malicious prosecution. Plaintiff sued his opponent in an earlier suit and her attorney for malicious prosecution. The action was filed within two years. The Court of Appeal affirmed the trial court’s dismissal of the complaint against the attorney, holding that the specific one-year statute of limitations applied. Vafi v. McCloskey (Cal. App. Second Dist., Div. 8; March 22, 2011) 193 Cal.App.4th 874, [122 Cal.Rptr.3d 608].