What is civil conspiracy?

Useful Rulings on Civil Conspiracy

Recent Rulings on Civil Conspiracy

JINSONG SHI VS ALG LAWYERS INC., ET AL.

As the fraud claim and theory of civil conspiracy survive, so does this claim. Defendant submits no argument other than the second cause of action should fail as derivative of the first. Defendant’s demurrer to the second cause of action is overruled. Fifth Cause of Action for Common Counts “The action for money had and received is based upon an implied promise which the law creates to restore money which the defendant in equity and good conscience should not retain.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JANE JB DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Second Cause of Action: Civil Conspiracy The elements of a civil conspiracy are: “(1) the formation of a group of two or more persons who agreed to a common plan or design to commit a tortious act; (2) a wrongful act committed pursuant to the agreement; and (3) resulting damages.” (City of Industry v. City of Fillmore (2011) 198 Cal.App.4th 191, 212.) “A conspiracy cannot be alleged as a tort separate from the underlying wrong it is organized to achieve.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SBH CAMDEN PROPERTIES, L.P. V. MIRASSOU, ET AL.

(Valencia) (1989) 49 Cal.3d 39, which states that “[a] cause of action for civil conspiracy may not arise, however, if the alleged conspirator, though a participant in the agreement underlying the injury, was not personally bound by the duty violated by the wrongdoing….” (Id. at p.44; see also Applied Equipment Corp. v.

  • Hearing

LA LEGENDS LLC, A LIMITED LIABILITY COMPANY VS LOS ANGELES IMMANUEL MISSION CHURCH, A CALIFORNIA CORPORATION, ET AL.

However, as with the first cause of action, Cross-Complainants argue that “C&L’s participation in the civil conspiracy subjects them to liability for all the torts committed by the conspiracy.” (Opp., p. 2:13-14.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BRADFORD DOUGLASS VS BABAK EZHARI, ET AL.

The doctrine of civil conspiracy requires “commission of an actual tort.” Applied Equipment Corporation v. Litton Saudi Arabia Limited (1994) 7 Cal.4th 503, 511. Defendants were not plaintiff’s landlords, so cannot be liable for breach of the covenant of quiet enjoyment. Plaintiff argues demurring defendants conspired with defendant Jorquez to violate the covenant of quiet enjoyment, so they can be liable as co-conspirators.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ASSADULLAH SHAHAND, ET AL. VS NATIONSTAR MORTGAGE, LLC, ET AL.

Conspiracy to Commit Fraud The elements of a civil conspiracy are “(1) the formation and operation of the conspiracy; (2) the wrongful act or acts done pursuant thereto; and (3) the damage resulting. [Citations.]” (Mosier v. Southern Cal. Physicians Ins. Exchange (1998) 63 Cal.App.4th 1022, 1048.) Here, Cross-Complainants’ conspiracy to commit fraud cause of action suffers from deficiencies already set forth above.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

HANS H. KIM, ET AL. VS. CUIL INVESTMENTS LLC A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Issue No.4: Sixth Cause of Action To state a claim for civil conspiracy, a plaintiff must plead: (1) the formation and operation of the conspiracy; (2) wrongful conduct in furtherance of the conspiracy; and (3) damages arising from the wrongful conduct. (Kidron v. Movie Acquisition Corp. (1995) 40 Cal.App.4th 1571, 1581.) Civil conspiracy is not an independent tort. (Id.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

GHAEEM VS NAMVAR

A claim of civil conspiracy (count 5 of cross-complaint) is not a separate cause of action, and its only significance is that each member may be held responsible as a joint tortfeasor for torts committed pursuant to the conspiracy, regardless of whether or not he or she directly participated in the act. (See, e.g., Richard B. LeVine, Inc. v. Higashi (2005) 131 Cal.App.4th 566, 574.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JANE JG DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Second Cause of Action: Civil Conspiracy The elements of a civil conspiracy are: “(1) the formation of a group of two or more persons who agreed to a common plan or design to commit a tortious act; (2) a wrongful act committed pursuant to the agreement; and (3) resulting damages.” (City of Industry v. City of Fillmore (2011) 198 Cal.App.4th 191, 212.) “A conspiracy cannot be alleged as a tort separate from the underlying wrong it is organized to achieve.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GHAEEM VS NAMVAR

A claim of civil conspiracy (count 5 of cross-complaint) is not a separate cause of action, and its only significance is that each member may be held responsible as a joint tortfeasor for torts committed pursuant to the conspiracy, regardless of whether or not he or she directly participated in the act. (See, e.g., Richard B. LeVine, Inc. v. Higashi (2005) 131 Cal.App.4th 566, 574.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

D'ANDRE HUMES, ET AL. VS MARCILLA HAYSLETT, ET AL.

On July 2, 2019, Plaintiffs filed a verified ten cause of action second amended complaint with the caption identifying the causes of action as Breach of Contract, Fraud, Civil Conspiracy, Promissory Estoppel, Constructive Trust, Breach of the Duty of Reasonable Care and Due Diligence, Quiet Title, Negligent Hire and Supervision, Negligent Interference with Contractual Relationship, and Intentional Interference with Contractual Relationship.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

GLORIA WEISCHADLE VS LAW OFFICES OF ROBERT CHARBONEAU, ET AL.

The Complaint asserts causes of action for: Fraud – Concealment and Willful Suppression of Material Evidence; Evidence Tampering; Witness Tampering; Civil Conspiracy; Conspiracy In-Concert; Aiding and Abetting; Defamation; False Representation; Intentional Infliction of Emotional, Physical, and Mental Distress; Gross Negligence; and Breach of Fiduciary Duty.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

A#1 SERVICES VS GOLDBERG HEARING RE: DEMURRER TO 1ST AMENDED COMPLAINT OF A#1 SERVICES HEATING & AIR CONDITIONING INC BY CARA J GOLDBERG, GREGORY M GRANGER JR

[Citation] By participation in a civil conspiracy, a coconspirator effectively adopts as his or her own the torts of other coconspirators within the ambit of the conspiracy. [Citation.] In this way, a coconspirator incurs tort liability co-equal with the immediate tortfeasors.” (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510-511.)

  • Hearing

CECILIA SIERRA VS ALEJANDRA CUEVAS DE HERNANDEZ

Merits – La Rose Demurrer – On August 07, 2020, this Court sustained a general demurrer for La Rose and found that "the FAC cannot, as a matter of law, allege breach of contract under a civil conspiracy claim, as breach of contract does not give rise to a tort. The Court further finds that, save for the conspiracy allegation, Plaintiff does not allege facts showing that La Rose was a party to the 2015 Agreement."

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LEAFIRE INC, ET AL. VS CADM INC, ET AL.

“A civil conspiracy however atrocious, does not per se give rise to a cause of action unless a civil wrong has been committed resulting in damage.” (Doctors’ Co. v. Superior Court (1989) 49 Cal.3d 39, 44.) Plaintiffs respond with the explanation that conspiracy is pled as a “common count” that covers all causes of action.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ZORRO CHEN VS SHIH-CHIEH CHEN, ET AL.

Fourth Cause of Action – Conspiracy “The elements of a civil conspiracy are (1) the formation of two or more persons who agreed to a common plan or design to commit a tortious act; (2) a wrongful act committed pursuant to the agreement; and (3) resulting damages.” (City of Industry v. City of Fillmore (2011) 198 Cal.App.4th 191, 212.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

CORZINE V. RIEMANN

., DKR Media Group, LLC, D&L Investment Services, Inc.) 5) COA #5 – Conspiracy “A civil conspiracy however atrocious, does not per se give rise to a cause of action unless a civil wrong has been committed resulting in damage.” Unruh v. Truck Ins. Exch. (1972) 7 Cal. 3d 616, 631. “To state a cause of action for conspiracy the complaint must allege: (1) the formation and operation of the conspiracy; (2) the wrongful act or acts done pursuant thereto; and (3) the damage resulting.” Id.

  • Hearing

D'ANDRE HUMES, ET AL. VS MARCILLA HAYSLETT, ET AL.

On July 2, 2019, Plaintiffs filed a verified ten cause of action second amended complaint with the caption identifying the causes of action as Breach of Contract, Fraud, Civil Conspiracy, Promissory Estoppel, Constructive Trust, Breach of the Duty of Reasonable Care and Due Diligence, Quiet Title, Negligent Hire and Supervision, Negligent Interference with Contractual Relationship, and Intentional Interference with Contractual Relationship.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

HIS GLORY COMMUNITY CHURCH, A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION VS PACIFICO DIVERSON, ET AL.

There is no separate tort of civil conspiracy, and there is no civil action for conspiracy to commit a recognized tort unless the wrongful act itself is committed and damage results therefrom. (Short v. Nevada Joint Union High School Dist. (1985) 163 Cal. App. 3d 1087, 1101). Defendants again argue that Plaintiff has failed to allege that Defendants’ acts are wrongful.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LILY CHOU, AN INDIVIDUAL VS. VITUS F SUEN

Ninth Cause of Action (Conspiracy) – In order to establish liability for an act based on a civil conspiracy theory a plaintiff must plead that the alleged conspirators (1) formed and operated a conspiracy to harm plaintiff, (2) committed a specific wrongful act or acts done pursuant to the conspiracy, and (3) plaintiff suffered damage resulting from such act or acts. See Bartley v. California Association of Realtors (1980) 115 Cal.App.3d 930, 934.

  • Hearing

THE VIOLA E COX TRUST ET AL VS VERNA MONDON ET AL

(a) No cause of action against an attorney for a civil conspiracy with his or her client arising from any attempt to contest or compromise a claim or dispute, and which is based upon the attorney’s representation of the client, shall be included in a complaint or other pleading unless the court enters an order allowing the pleading that includes the claim for civil conspiracy to be filed after the court determines that the party seeking to file the pleading has established that there is a reasonable probability

  • Hearing

LILY CHOU, AN INDIVIDUAL VS. VITUS F SUEN

Ninth Cause of Action (Conspiracy) – In order to establish liability for an act based on a civil conspiracy theory a plaintiff must plead that the alleged conspirators (1) formed and operated a conspiracy to harm plaintiff, (2) committed a specific wrongful act or acts done pursuant to the conspiracy, and (3) plaintiff suffered damage resulting from such act or acts. See Bartley v. California Association of Realtors (1980) 115 Cal.App.3d 930, 934.

  • Hearing

RONALD PATRICK V. FERRARI NORTH AMERICA, INC., ET AL.

Civil conspiracy is not an independent tort.” (Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc. (2005) 131 Cal.App.4th 802, 823.) “Rather, it is a legal doctrine that imposes liability on persons who, although not actually committing a tort themselves, share with the immediate tortfeasors a common plan or design in its perpetration.” (Ibid. [internal quotation marks and citations omitted].)

  • Hearing

JOHN MCKISSOCK VS BARRY KASHFIAN, ET AL.

However, 20 days leave to amend is provided to allow Plaintiff to amend any existing cause of action that would support a theory of liability against the demurring defendants based on civil conspiracy. Fourth Cause of Action for Aiding and Abetting The demurrer to the fourth cause of action is sustained with 20 days leave to amend. Plaintiff fails to state sufficient facts to state a cause of action.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

COACHILLIN HOLDINGS LLC VS PAC-VAN INC HEARING RE: DEMURRER TO 1ST AMENDED COMPLAINT OF COACHILLIN HOLDINGSLLC BY PAC-VAN INC, MIKE HILL

[Citation] By participation in a civil conspiracy, a coconspirator effectively adopts as his or her own the torts of other coconspirators within the ambit of the conspiracy. [Citation.] In this way, a coconspirator incurs tort liability co-equal with the immediate tortfeasors.” (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510-511.) “It has long been held that a stranger to a contract may be liable in tort for intentionally interfering with the performance of the contract.

  • Hearing

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