LEGAL MEMOS

Escamilla v. Vanucci (2025) 17 Cal.5th 570. In this matter a malicious prosecution claim was brought against an attorney by a formerly adverse party. The action was dismissed as time barred under the statute of limitations claims against the attorneys pursuant to CCP § 340.6. The Supreme Court held that one year statute of limitations did not apply to a malicious prosecution action because it applies only to claims made by the attorney’s clients or their intended beneficiaries and only when the merits of the claim necessarily depend on proof that the attorney violated a professional obligation.

Madrigal v. Hyundai Motor America (2025) 17 Cal.5th 592. The Court finds that when a Plaintiff rejects an offer of compromise under CCP § 998 or allows it to be deemed rejected or withdrawn for lack of a timely response and acceptance, but later agrees to settle before trial, the settlement may remain within CCP § 998’s reach. § 998 sets out the default rule, which imposes cost shifting whenever its terms are met. The parties are free to agree to their own allocation of costs and fees as part of a settlement agreement but absent any such allocation, the provisions of CCP § 998 will continue to control.

Sexton v. Apple Studios, LLC (2025) 110 Cal.App.5th 183. This is a SLAPP matter. In this matter an actor had been denied a particular role after refusing a COVID 19 vaccination. The Court held that these claims arose from protected activity because the casting decision involved the performance of an individual role which was an important one for a wide public audience but the actor did not demonstrate a probability of success. The actor had no reasonable expectation of privacy because the studio, in requiring vaccination, reasonably relied on views about sensible ways to protect its workplace. The actor could not prevail on claims alleging disparate treatment, failure to accommodate a disability or failure to engage in the interactive process because the actor was unqualified for the job and the studio’s determination that the work could not safely be performed without vaccination merited deference.

/ilc