Q: Does malicious prosecution's statute of limitations start at dismissal of the original case?

A: Generally speaking, a cause of action exists once all of the elements have been committed. In the case of malicious prosecution, if the defendant obtains a dismissal on the merits of the claim, usually the cause of action arises on the entry of the dismissal. So the answer is yes. But remember, there are other elements to such a claim, and all these must be present at the same time. It is called malicious prosecution for a reason.

A: Yes, under California law, the statute of limitations for a malicious prosecution claim generally begins to run when the original case is terminated in the defendant's favor, such as through a dismissal.

Specifically, California Code of Civil Procedure Section 340.6 provides a one-year statute of limitations for legal malpractice claims, which includes malicious prosecution. The one-year period starts from the date the plaintiff discovers, or through reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first.

In the context of malicious prosecution, the "wrongful act" is typically considered to be the termination of the underlying case in favor of the defendant (i.e., the plaintiff in the subsequent malicious prosecution lawsuit). This termination could be through a dismissal, acquittal, or other favorable resolution for the defendant.

It's important to note that the specific circumstances of each case may impact the application of the statute of limitations, so it is always best to consult with a qualified attorney to determine the applicable limitations period in a particular situation.