Rare Coin Galleries, Inc. v. A-Mark Coin Co.

Plaintiffs and appellants Rare Coin Galleries, Inc., individually, Rare Coin Galleries, Inc., on behalf of a joint venture consisting of Rare Coin Galleries, Inc. and Bowers & Ruddy Galleries, Inc., and Joel D. Rettew, individually, (collectively, Rare Coin) appeal a surtimary judgment in favor of defendants and respondents A-Mark Coin Company, Inc., A-Mark Financial, Inc., and Steven Markoff (collectively, A-Mark).

Because the tolling period for instigating a malicious prosecution action ended with the filing of the remittitur in the underlying action, Rare Coin properly filed its claim within one year of accrual, making the grant of summary judgment as to that cause of action error.

Factual and Procedural Background

La Vere Redfield, a Nevada resident, died in 1974 leaving a sizeable estate which included a coin collection of nearly one-half million United States silver dollars. On November 4, 1975, the Nevada probate court entered an order authorizing the executrixes of the estate to sell the coins at a private sale. On December 17, 1975, A-Mark executed an agreement with the estate to purchase a portion of the Redfield collection for $5,900,000. On December 22,…