Bob Baker Enterprises, Inc. v. Chrysler Corp.
Opinion
Opinion
Benke, J.
Once again we return to the dispute between Bob Baker, a local automobile dealer, and Chrysler Corporation. Our review of our own records discloses that no less than 14 appeals and writ petitions have been filed in this court with respect to Baker’s attempt to sell both Ford and Chrysler products from the same location and Chrysler’s attempt to open a competing dealership.
Mercifully, on this appeal we are well past determining the merits of the parties’ underlying disputes and are only asked to resolve whether Baker may pursue a claim against Chrysler for malicious prosecution. As we explain, the malicious prosecution action is barred by the statute of limitations. Accordingly, it should have been dismissed with prejudice.
Procedural History
A. Underlying Litigation
The parties dispute began in 1983 when, among other items of relief, plaintiff and repondent Robert H. Baker sued defendant and appellant Chrysler Corporation (Chrysler) for damages. Four years into the dispute Chrysler decided to sue Baker for damages. Chrysler did so in a new lawsuit, Chrysler Corp. v. Baker (Super. Ct. San Diego County, 1987, No. 591583) (591583).