Hsu

The question here is whether the one-year statute of limitations (Code Civ. Proe., § 340, subd. 3, or the two-year provision (Code Civ. Proe., § 339, subd. 1), applies to an action for malicious prosecution.

Plaintiff department sued to recover costs of care of defendants, husband and wife, during their separate commitments to Napa State Hospital. Defendants cross-complained, joining with the department, its director, the hospital, its superintendent and three resident physicians, and the two medical examiners who recommended commitment. Dismissal followed sustaining of demurrers without leave to amend, and cross-complainants appeal.

The cross-complaint, filed in propria persona, concerns only the commitment of Mr. Hsu. The parties agree in treating it as attempting to state a cause of action for malicious prosecution.

Mr. Hsu’s alleged commitment, release, and discharge all occurred more than one year but less than two years before filing of the cross-complaint. We have concluded that the statute of limitations applicable to an action for malicious prosecution is one year, and that the demurrer upon this ground was properly sustained. Thus we do not consider the several other…