California, United States of America
The following excerpt is from Kevorkian v. L.A. Cnty. Sheriff's Dep't, B290670 (Cal. App. 2020):
12. Had Kevorkian alleged a claim for malicious prosecution, the claim would have accrued at the time of dismissal of the criminal action because the tort requires proof the criminal action was "pursued to a legal termination in favor of the malicious prosecution plaintiff." (Parrish v. Latham & Watkins (2017) 3 Cal.5th 767, 775.) Although the complaint alleges Kevorkian endured "seven long agonizing months going to [c]ourt and facing malicious prosecution," he does not allege a claim for malicious prosecution. Further, Kevorkian has not alleged defendants acted with malice, an element of a malicious prosecution claim. (Ibid.) Rather, he alleges only defendants' negligent investigation of the incident and referral to the district attorney's office.
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