Does the limitation period for malicious prosecution apply to malicious prosecution?

In Stavropulous v. Superior Court (2006) 141 Cal.App.4th 190 (Stavropulous), the court held that the two-year limitations period of Code of Civil Procedure section 335.1⁶ applied to actions for malicious prosecution, rather than the one-year period of former Code of Civil Procedure section 340, subdivision (3).⁷ (Stavropulous, at p. 197.) Stavropulous evaluated the legislative history of the respective statutes, and noted that the one-year statute of Code of Civil Procedure section 340, subdivision (3)applying to actions for libel, slander, assault, battery, or false imprisonmentwhile covering actions akin to an action for malicious prosecution, did not list that tort. As a result, historically, case law held that malicious prosecution actions fell within the two-year "'catch-all'" provision of Code of Civil Procedure section 339, subdivision (1). However, after section 340, subdivision (3) was amended in 1905 to include actions for the injury or death of another caused by a wrongful act, the one-year period of section 340, subdivision (3) applied to actions for malicious prosecution. Nonetheless, in 2002, section 340, subdivision (3) was amended, renumbered section 340, subdivision (c), and eliminated the phrase "'for injury to or for the death of one caused by the wrongful act or neglect of another.'" At the same time, the legislature enacted Code of Civil Procedure section 335.1, which covered actions for assault, battery, or injury to or death of another caused by the wrongful act or negligence of another. (Stavropulous, at pp. 194-195.) Further, prior to the enactment of section 335.1 and amendment of section 340, subdivision (3), judicial decisions held that malicious prosecution actions were to be grouped with injuries

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