White

As a rule, the statute of limitations for a malicious prosecution action begins to run on the date judgment is entered in the trial court. It is tolled while the case is on appeal. If the judgment is affirmed, the statute begins to run again when the Court of Appeal issues its remittitur.

Here we hold that when reversal of a trial court judgment in the Court of Appeal gives rise to a possible cause of action for malicious prosecution, the statute of limitations first begins to run on the date the Court of Appeal issues its remittitur.

We also decide an issue concerning attorney’s fees pursuant to Code of Civil Procedure section 425.16, the strategic lawsuit against public participation (anti-SLAPP) statute. A defendant who prevails in a motion to strike under the statute is entitled to attorney’s fees. Here, an attorney files an action on behalf of his clients which is reversed on appeal. The attorney is then sued for malicious prosecution. The trial court sustains a demurrer to the complaint. We hold the attorney is entitled to attorney’s fees under the anti-SLAPP statute.

Facts

Bonadiman Action

This case arose out of a dispute over a large tract of land in San…