Silas

James Ellis Arden (Arden) appeals judgment in favor of Martina A. Silas (Silas) in Silas’s action against Arden for malicious prosecution of a malpractice action against her. Silas represented Ross Gunnell (Gunnell) in a personal injury action resulting in a jury award that was later overturned on the grounds that workers’ compensation was the exclusive remedy. Gunnell filed a malpractice action against Silas, asserting she failed to assert a meritorious defense to workers’ compensation exclusivity, and Gunnell was represented by Arden in that action. Silas’s motion for summary judgment was granted in Gunnell’s malpractice action, and she commenced this action for malicious prosecution against Arden, resulting in a jury award.

On appeal, Arden contends the action is barred by the one-year statute of limitations of Code of Civil Procedure section 340.6, and insufficient evidence supports the malicious prosecution award and punitive damages. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. The Gunnell v. Metrocolor Litigation

Silas represented Gunnell in this personal injury action, filed in 1995. Gunnell and others were unskilled laborers who worked for four…