Monday, October 14, 2013

The Bar Looks Out for Itself...

Yee v. Cheung, D060989 (D4d1 Oct. 4, 2013)

In an appeal from a granted SLAPP motion and a sustained demurrer, the court of appeal holds that the statute of limitations for “wrongful act or omission . . . arising in the performance of professional services” in Code of Civil Procedure § 340.6 applies to a malicious prosecution action brought against an attorney, even though other cases have decided that the longer statute of limitations in § 335.1 applies to malicious prosecution cases against non-attorneys. The court also holds that the denial of the defendant’s nonsuit motion prior to a defense jury verdict in the underlying case was sufficient evidence that the lawsuit had probable cause. Even though the case was ultimately unsuccessful, the denial of nonsuit showed that the case had more than minimal merit and plaintiff failed to come forward with evidence showing that the interim ruling was the result of fraudulent or perjured evidence. Affirmed.

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