WHITE v. LIEBERMAN

No. B147327.

126 Cal.Rptr.2d 608 (2002)

103 Cal.App.4th 210

K. Martin WHITE, Plaintiff and Appellant, v. Lawrence R. LIEBERMAN et al., Defendants and Appellants; Old Republic Title Co., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

As Modified on Denial of Rehearing November 27, 2002.


Attorney(s) appearing for the Case

Raymond D. Kitlas for Plaintiff and Appellant K. Martin White.

Lewis, Brisbois, Bisgaard & Smith, LLP., Kenneth C. Feldman, Craig L. Dunkin and Jeffry A. Miller for Defendants and Appellants Lawrence R. Lieberman and Belin, Rawlings & Badal.

Stephanie J. Shulman for Defendant and Respondent Old Republic Title Company.

Regan C. Nagel for Defendant and Respondent Chicago Title Insurance Company.

Lawrence R. Lieberman for Defendants and Respondents Levinson & Lieberman; Levinson, Lieberman & Snyder; and Levinson, Lieberman & Maas.


GILBERT, P.J.

As a rule, the statute of limitations for a malicious prosecution action begins to run on the date judgment is entered in the trial court. It is tolled while the case is on appeal. If the judgment is affirmed, the statute begins to run again when the Court of Appeal issues its remittitur.

Here we hold that when reversal of a trial court judgment in the Court of Appeal gives rise to a possible cause of action for malicious prosecution, the statute...

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