California Appellate Tracker

Escamilla v. Vannucci (2023) 2023 WL 7646820

December 3, 2023

Agreeing with Connelly v. Bornstein (2019) 33 Cal.App.5th 783 and Garcia v. Rosenberg (2019) 42 Cal.App.5th 1050, this decision holds that CCP 340.6’s one-year limitations periods governs a malicious prosecution action against the attorney for the opposing party in the underlying litigation. CCP 340.6(a)(2) tolls that one-year period during the time “[t]he attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred.” This decision holds that the exemption applies only when the attorney represents the plaintiff who sues the attorney, not as in this case, when the attorney represents an opposing party who happens to be the plaintiff in underlying litigation.

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Escamilla v. Vannucci (2023) 2023 WL 7646820

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