Connelly

Connelly v. Bornstein

Caution
245 Cal. Rptr. 3d 452·33 Cal. App. 5th 783
Court of Appeal of CaliforniaMarch 28, 2019A152375California5,813 words

Opinion

Lead Opinion

Simons, J.

*788 Code of Civil Procedure section 340.6, subdivision (a) (hereafter, section 340.6(a) ), 1 imposes a one-year statute of limitations for "[a]n action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services." Courts of Appeal have divided over whether this provision governs malicious prosecution claims against attorneys. We conclude that it does.

BACKGROUND

In July 2012, Elizabeth Maguire brought an unlawful detainer action against appellant Joseph Connelly. Maguire was represented by attorney Daniel Bornstein, a partner at the law firm Bornstein & Bornstein (collectively, Bornstein).

*454 On September 18, 2012, Maguire voluntarily dismissed the unlawful detainer action.

On September 16, 2014, appellant sued Maguire and Bornstein for malicious prosecution. The complaint alleged Maguire and Bornstein "actively were involved in brin[g]ing and maintaining" the unlawful detainer action, which ended in appellant's favor; "no reasonable person in [Maguire and Bornstein's] circumstances would have believed that there were reasonable grounds" to bring and/or maintain the action; and Maguire and Bornstein…

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