In Escamilla v. Vannucci 2025 Cal. LEXIS 439 (Cal. Mar. 20, 2025), the California Supreme Court weighed in on the question of how long non-clients have to sue attorneys for professional misconduct (e.g., malicious prosecution). This decision has implications for businesses who have been targeted by frivolous lawsuits, as well as attorneys who might find themselves on the receiving end of a claim from a previous case.
In the underlying case, Daniel Escamilla, working as a fugitive recovery agent, searched the home of Lan Ting Wu and Andy Yu Feng Yang, looking for Yang’s brother, who was wanted on felony drug trafficking charges.
Yang and Wu sued Escamilla for assault, battery, trespass, false imprisonment, and emotional distress. They hired an attorney (Vannucci) to represent them in the case in which Escamilla claimed the search was supported by probable cause and cross-complained for abuse of process. The jury found in favor of Escamilla and was awarded $20,000 in damages.
Additionally, Escamilla filed a malicious prosecution action against Yang, Wu, and their attorney, John Vannucci. Vannucci moved to strike Escamilla’s complaint as a strategic lawsuit against public participation (SLAPP), and the trial court granted Vannucci’s motion, agreeing that the one-year statute of limitations for claims against attorneys (Cal. Civ. Proc. Code § 340.6) applied. The California Court of Appeal affirmed this decision.
The Supreme Court’s Intervention
The California Supreme Court reviewed the case to determine whether the one-year statute of limitations for claims arising from a lawyer’s professional services also applied to a claim for malicious prosecution. The key statute under discussion, Section 340.6, reads:
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, or through the use of 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.
The crux of the matter was whether the one-year statute applied when a non-client sued a lawyer for alleged professional misconduct, such as malicious prosecution. The Supreme Court acknowledged that the statute was ambiguous in this specific context and because of this ambiguity, the court considered legislative history, policy, and purpose in rendering its opinion. Although some justices argued the text of the statute was clear and should be followed according to its letter, the court ultimately held that the two-year statute applies in malicious prosecution lawsuits brought by a non-client.
Key Takeaways
This ruling has implications for businesses who have been targeted by malicious prosecution. If your business has faced frivolous litigation or questionable legal tactics from opposing counsel, this ruling provides additional time to consider your options. However, it’s still advisable to consult with your legal team promptly to preserve evidence and evaluate potential claims.
The Escamilla decision reflects the court’s commitment to fairness in the legal system, ensuring businesses and other non-clients have reasonable time to pursue legitimate claims against attorneys who may have abused the litigation process.