Does a claim for malicious prosecution have accrued at the time of dismissal of the criminal action?

California, United States of America


The following excerpt is from Kevorkian v. L.A. Cnty. Sheriff's Dep't, B290670 (Cal. App. 2020):

12. Had Kevorkian alleged a claim for malicious prosecution, the claim would have accrued at the time of dismissal of the criminal action because the tort requires proof the criminal action was "pursued to a legal termination in favor of the malicious prosecution plaintiff." (Parrish v. Latham & Watkins (2017) 3 Cal.5th 767, 775.) Although the complaint alleges Kevorkian endured "seven long agonizing months going to [c]ourt and facing malicious prosecution," he does not allege a claim for malicious prosecution. Further, Kevorkian has not alleged defendants acted with malice, an element of a malicious prosecution claim. (Ibid.) Rather, he alleges only defendants' negligent investigation of the incident and referral to the district attorney's office.

Other Questions


Can a party avoid liability for malicious prosecution claim if they relied on the advice of counsel in prosecuting the action? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a malicious prosecution plaintiff obtain a preliminary injunction against the malicious prosecution defendants? (California, United States of America)
Can a plaintiff maintain a malicious prosecution cause of action if the entire action in which it was filed has been terminated? (California, United States of America)
Does the limitation period for malicious prosecution apply to malicious prosecution? (California, United States of America)
Can a motion to dismiss a criminal case be dismissed under section 1387, subdivision (a) of the California Criminal Code? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
Does a cause of action for malicious prosecution arise prior to termination of the entire action? (California, United States of America)
What is the test for damages for malicious prosecution where an underlying criminal charge was dismissed in the furtherance of justice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.