Stavropoulos v. Superior Court

Opinion

BOREN, P. J.

Petitioner Elvia E. Stavropoulos seeks a writ directing the superior court to set aside an order overruling her demurrer to real party Georgia Mauad Stavropoulos’s malicious prosecution complaint. The question posed by this proceeding is what statute of limitations applies to malicious prosecution actions, the one-year limitation period set forth in Code of Civil Procedure section 340, subdivision (c), 1 or the two-year limitations period set forth in section 335.1. We conclude that malicious prosecution actions are subject to a two-year statute of limitations (§ 335.1),…