Korody-Colyer Corp. v. General Motors Corp.

Appellant Korody-Colyer Corporation (K.C.) brought a malicious prosecution action against General Motors Corporation (G.M.). G.M. demurred on the grounds that the action had been filed in excess of the applicable statute of limitations. The demurrer was sustained and judgment entered in favor of G.M. K.C. appeals.

We treat as true the allegations of the complaint.

In January 1980, K.C. filed an action for declaratory relief in federal court seeking to have United States Patent No. 3,555,972, owned by G.M., declared invalid. G.M. responded with a counterclaim against K.C. for patent infringement. K.C. prevailed in its action, succeeded in having G.M.’s patent declared invalid, and G.M.’s counterclaim dismissed. Judgment was entered on August 15, 1984. On September 10, 1984, G.M. appealed. The judgment was affirmed by the Federal Circuit of the United States Court of Appeals in an opinion filed on May 1, 1985.

Thereafter, on April 23, 1986, K.C. filed the present action for malicious prosecution based on G.M.’s unsuccessful counterclaim. G.M. demurred, contending that the action had been initiated in excess of the one-year statute of limitations provided for malicious…