This abuse of process claim was untimely under A.R.S. § 12-821.01. Plaintiff contended her cause of action did not accrue until the United States Supreme Court denied certiorari in her separate federal litigation. At that time, she alleged she suffered emotional distress. The underlying basis of her “abuse of process” claim was that there was an issue with body-cam footage produced in the federal court litigation. The court of appeals holds she had notice of potential wrongdoing and notice to investigate. Regardless of when she claims she first suffered emotional distress, pursuing the federal court litigation and appeal involved expenses. A cause of action accrues when the damaged party knows or reasonably knows the cause, source, act etc that caused or contributed to damages and does not depend on any category of specific damages such as “emotional distress.” Otherwise, plaintiffs could easily plead around the defense. The court of appeals also dispensed with plaintiff’s procedural argument that the affirmative defense was untimely when the defendant had not yet answered the complaint and could raise the defense in its answer or motion for judgment on the pleadings. The court also rejected applying the continuing tort doctrine because plaintiff alleged one act of wrongdoing – providing altered evidence in the district court litigation – not a continuing tort.

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