In Lackner v. LaCroix (1979) 25 Cal.3d 747, the California Supreme Court held that successful interposition of a statute of limitations defense does not reflect on the merits of the action and is therefore not a favorable termination for purposes of a subsequent malicious prosecution cause of action: "It is not essential to maintenance of an action for malicious prosecution that the prior proceeding was favorably terminated following trial on the merits. However, termination must reflect on the merits of the underlying action." (Id. at p. 750, )