Garcia

DISCUSSION

In Stavropoulos v. Superior Court (2006) 141 Cal.App.4th 190 (Stavropoulos), the court held that malicious prosecution actions were subject to the general two-year statute of limitations under section 335.1 for “injury to … an individual caused by the wrongful

All further statutory references are to the Code of Civil Procedure.

2. act or neglect of another,” rather than the one-year limitation period set forth in section 340, subdivision (c) for certain enumerated torts including libel, slander and false imprisonment. The court noted that, although malicious prosecution is akin to these intentional torts, it is not listed within the section. (Stavropoulos, supra, 141 Cal.App.4th at p. 193.) The court concluded it had no authority to add malicious prosecution to the torts covered by section 340, subdivision (c). (Stavropoulos, supra, at p. 195.) The court then analyzed section 335.1 and held that “the Legislature intended the phrase „injury to, or for the death of, an individual caused by the wrongful act or neglect of another‟ to be interpreted as embracing all infringements of personal rights, including malicious prosecution, and intended the two-year…