Stavropoulos
Stavropoulos v. Superior Court
Opinion
Opinion
Boren, J.
Petitioner Elvia E. Stavropoulos seeks a writ directing the superior court to set aside an order overruling her demurrer to real party Georgia Mauad Stavropoulos’s malicious prosecution complaint. The question posed by this proceeding is what statute of limitations applies to malicious prosecution actions, the one-year limitation period set forth in Code of Civil Procedure section 340, subdivision (c), or the two-year limitations period set forth in section 335.1. We conclude that malicious prosecution actions are subject to a two-year statute of limitations (§ 335.1), and that real party in interest’s complaint was therefore timely filed. Accordingly, we deny the petition for writ of mandate.
I. PROCEDURAL HISTORY AND STATEMENT OF
FACTS
On July 1, 2002, Elvia Stavropoulos filed a fraud complaint against Georgia Stavropoulos. On February 19, 2003, a judgment dismissing the action was entered. On February 26, 2003, Elvia filed an appeal. On April 1, 2004, an appellate opinion affirming the judgment was filed. On June 25, 2004, the remittitur issued. On June 24, 2005, Georgia filed a malicious prosecution action against Elvia.