Connelly v. BornsteinAnnotate this Case
In July 2012, Maguire, represented by attorney Bornstein, brought an unlawful detainer action against Connelly. In September 2012, Maguire voluntarily dismissed the unlawful detainer action. On September 16, 2014, Connelly sued Maguire and Bornstein for malicious prosecution, alleging the two “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 “acted primarily for a purpose other than succeeding on the merits” of the action. The trial court dismissed, citing the one-year statute of limitations in Code of Civil Procedure section 340.6(a), governing “[a]n action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services.” The court of appeal affirmed, recognizing that finding section 340.6(a) applicable to malicious prosecution claims against attorneys will result in a one-year statute of limitations for such claims, while a two-year statute of limitations will apply to malicious prosecution claims against litigants.