Bellows

Frank W. Bellows and Frank W. Bellows, Inc. (collectively Bellows), appeal from summary judgments the trial court entered in favor of respondents Aliquot Associates, Inc. (Aliquot), Gary Balsdon, the law firm of Carroll, Burdick & McDonough (Carroll, Burdick), and individual attorneys Jack T. Friedman and Wallace E. Smith. Bellows sued respondents for malicious prosecution in connection with a cross-complaint that Aliquot filed against Bellows in a construction action (the construction action). The court entered the judgments after determining that, as a matter of law, the applicable one-year statute of limitations (Code Civ. Proc., § 340, subd. (3)) barred Bellows’s malicious prosecution action. Bellows contends that the trial court erred in finding that tolling of the statute of limitations ceased upon our clerk’s issuance of the remittitur in Aliquot’s appeal in the construction action. We disagree. Therefore, we affirm.

Factual and Procedural Background

On March 3, 1989, Aliquot, which had been sued in the construction action, filed a cross-complaint for indemnity and contribution against Bellows, who provided architectural services for the project there at issue.…