Limitation of Action

According to Cantu v. Resolution Trust Corp., 4 Cal. App. 4th 857 (Cal. App. 2d Dist. 1992), abuse of process is an injury to the person, and the statute of limitations applicable to a claim for abuse of process was one year according to Code Civ. Proc., § 340, subd. (3).  The limitations period begins to run when the injury occurs, although if the injury to the plaintiff does not occur when the abuse of process occurs.  Similarly, the statute of limitation applicable for injury “caused by the wrongful act or neglect of another,” for injury to property, for injury inflicted by specific parties, or for actions not specifically covered by other statutes applies to abuse of process also.  The primary element is that the limitation begins to run not when the abuse occurs, but when the injury occurs.

An action for abuse of process falls within the provisions of statute of limitations covering injuries done to the person.[i] Code of Civil Procedure section 340 provides for a one-year statute of limitation for various actions alleging intentional torts, but abuse of process is not named therein.  Subdivision (3) includes actions “for injury to or for the death of one caused by the wrongful act or neglect of another, . . .”  It has been held that a cause of action for abuse of process is an injury to the person and is subject to subdivision (3).[ii]

[i] Simons v. Edouarde, 98 Cal. App. 2d 826 (Cal. App. 1950)

[ii] McFaddin v. H. S. Crocker Co. (1963) 219 Cal.App.2d 585 [33 Cal.Rptr. 389]


Inside Limitation of Action