California Appellate Tracker

Escamilla v. Vannucci (2025) 17 Cal.5th 571

May 4, 2025

Attorneys, Malpractice, Limitations, Malicious Prosecution Claim Against Lawyer, 1-yr Statute, CCP 340.6

CCP 335.1 and its two-year statute of limitations for malicious prosecution actions applies to a malicious prosecution action against an attorney, at least if brought by a person who is not the attorney’s client or an intended beneficiary of the client. CCP 340.6 and its one-year limitations provision do not apply to such a claim. Section 340.6 applies only to claims whose merits necessarily depend on proof that an attorney violated a professional obligation in the course of providing professional services. A malicious prosecution suit by a non-client does not depend on such proof.

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Escamilla v. Vannucci (2025) 17 Cal.5th 571

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