law? C. May damages include economic and punitive? I prevailed on a 6 yr lawsuit HOA filed against me. I lost my home and business as a result of HOA's actions. What is deadline to file, the guiding law, and what types of damages may be claimed? Thank you very much.
You probably should have counterclaimed in the HOA's suit.
"Generally speaking, one has two years to sue for malicious prosecution under California Code of Civil Procedure section 335.1. However, Code Civ. Proc. sec. 340.6 (a) states: “An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers…the facts constituting the wrongful act or omission….”
In Vafi v. McCloskey (Mar. 22, 2011) Case No. B223237, the California Court of Appeal ruled that the shorter, more specific one year statute of limitation applies when a defendant or cross-defendant sues an attorney for malicious prosecution because more specific statutes control more general ones, as a matter of statutory construction."
[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
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