“Escamilla v. Vannucci: A Chance to Clarify That Section 340.6(a) Means What It Says,” Daily Journal
News
March 6, 2024
In an article for the Daily Journal, Partners Michael McNamara and Alexander Smith discuss the Court of Appeal’s Decision in Escamilla v. Vannucci, which held that the one-year statute of limitations in Section 340.6 of California Code of Civil Procedure applies to malicious prosecution claims against attorneys.
“The language of Section 340.6(a) is not limited to claims for legal malpractice,” the authors write. “Instead, it applies to any claim against an attorney, so long as ‘the merits of the claim will necessarily depend on proof that an attorney violated a professional obligation—that is, an obligation the attorney has by virtue of being an attorney—in the course of providing professional services.’” Lee v. Hanley, 61 Cal. 4th 1225, 1229 (2015).
“Escamilla provides a welcome opportunity for the California Supreme Court to decide once and for all that Section 340.6 applies to malicious prosecution claims against attorneys,” the authors write. “The California Supreme Court should use Escamilla as a vehicle to clarify that all claims arising out of an attorney’s performance of professional services—including claims by non-clients—are subject to a one-year limitations period.”
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News
March 6, 2024
In an article for the Daily Journal, Partners Michael McNamara and Alexander Smith discuss the Court of Appeal’s Decision in Escamilla v. Vannucci, which held that the one-year statute of limitations in Section 340.6 of California Code of Civil Procedure applies to malicious prosecution claims against attorneys.
“The language of Section 340.6(a) is not limited to claims for legal malpractice,” the authors write. “Instead, it applies to any claim against an attorney, so long as ‘the merits of the claim will necessarily depend on proof that an attorney violated a professional obligation—that is, an obligation the attorney has by virtue of being an attorney—in the course of providing professional services.’” Lee v. Hanley, 61 Cal. 4th 1225, 1229 (2015).
“Escamilla provides a welcome opportunity for the California Supreme Court to decide once and for all that Section 340.6 applies to malicious prosecution claims against attorneys,” the authors write. “The California Supreme Court should use Escamilla as a vehicle to clarify that all claims arising out of an attorney’s performance of professional services—including claims by non-clients—are subject to a one-year limitations period.”
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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