Your recipients will receive an email with this envelope shortly and will be able to access it on trellis. You can always see your envelopes by clicking the Inbox on the top right hand corner.
Your subscription has successfully been upgraded.
“Conspiracy is not a cause of action, but 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.” (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal. 4th 503, 510-11; Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc. (2005) 131 Cal.App.4th 802, 823.)
“It is a general and well-settled principle of law that, where two or more persons are sued for a civil wrong, it is the civil wrong resulting in damage, and not the conspiracy, which constitutes the cause of action.” (Mox, Inc. v. Woods (1927) 202 Cal. 675, 677.) In other words, conspiracy is not itself a tort (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1062.) Thus, to allege a cause of action for a conspiracy to allege a tort, the plaintiff must adequately allege both the underlying tort and the conspiracy. (Pettitt v. Levy (1972) 28 Cal.App.3d 484, 491.)
The elements of civil conspiracy are:
(Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal. 4th 503, 510-11; State ex rel. Metz v. CCC Info. Servs., Inc. (2007) 149 Cal.App.4th 402, 419.)
As to the formation element, two or more persons must agree on a common plan to commit a tortious act. (Kidron v. Movie Acquisition Corporation (1995) 40 Cal. App. 4th 1571, 1582.) Civil conspiracy requires that knowledge of the planned tort must be combined with intent to aid in its commission. (Kidron v. Movie Acquisition Corp. (1995) 40 Cal.App.4th 1571, 1582.) The coconspirators must have “actual knowledge that a tort is planned and concur in the tortious scheme with knowledge of its unlawful purpose.” (Id.) Knowledge and intent may be inferred from the circumstances, including the nature of the acts, the relationship among the parties, and the interest of the conspirators. (Id.) However, mere suspicions without evidence will not support a showing of conspiracy. (Id.)
“It is well settled that ‘“[b]are” allegations and “rank” conjecture do not suffice for civil conspiracy.’ A party seeking to establish a civil conspiracy ‘must show that each member of the conspiracy acted in concert and came to a mutual understanding to accomplish a common and unlawful plan, and that one or more of them committed an overt act to further it. It is not enough that the [conspirators] knew of an intended wrongful act, they must agree—expressly or tacitly—to achieve it.’ It must be recognized, however, that because of the very nature of a conspiracy, ‘its existence must often be inferentially and circumstantially derived from the character of the acts done, the relations of the parties and other facts and circumstances suggestive of concerted action.’ While a complaint must contain more than a bare allegation the defendants conspired, a complaint is sufficient if it apprises the defendant of the ‘character and type of facts and circumstances upon which she was relying to establish the conspiracy.’” (Arei II Cases (2013) 216 Cal.App.4th 1004, 1022; Choate v. County of Orange (2000) 86 Cal.App.4th 312, 333; Schessler v. Keck (1954) 125 Cal.App.2d 827, 833.)
Civil conspiracy “allows tort recovery only against a party who already owes the duty and is not immune from liability based on applicable substantive tort law principles.” (Applied Equip. Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal. 4th 514.) In other words, “before one can be held liable for civil conspiracy, he must be capable of being individually liable for the underlying wrong as a matter of substantive tort law. And that requirement, of course, means he must have owed a legal duty of care to the plaintiff, one that was breached to the latter’s injury.” (Chavers v. Gatke Corp. (2003) 107 Cal. App. 4th 606, 612.)
Since there is no cause of action for conspiracy per se, there is no statute of limitations specifically for conspiracy; the statute of limitations for conspiracy to commit a tort is the statute of limitations applicable to that tort. (McFaddin v. H.S. Crocker Co. (1963) 219 Cal.App.2d 585, 591.)
The statute of limitations does not begin to run on a tort until the cause of action has accrued. (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1191.) A cause of action for conspiracy to commit a tort does not accrue any earlier than the last over act. (Wyatt v. Union Mortgage Co. (1979) 24 Cal.3d 773, 786.) However, accrual may be delayed if the plaintiff does not discover the tort until later. (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, 808.)
The sixth cause of action for civil conspiracy in the proposed second amended complaint appended to the petition, fails to allege a valid cause of action for civil conspiracy to breach fiduciary duty. (See SAC ¶ 68). A fiduciary duty arose between Mr. Runyon (and arguably Mr. Ruyon’s community property estate) by virtue of respondent’s legal representation of Mr. Runyon in the underlying action. However, in order to state a cause of action for civil conspiracy against respondent, Mrs.
Runyon vs. Coviello 30-2016-00871765-CU-PT-CJC
Dec 01, 2016
Orange County, CA
The sixth cause of action for civil conspiracy in the proposed second amended complaint appended to the petition, fails to allege a valid cause of action for civil conspiracy to breach fiduciary duty. (See SAC ¶ 68). A fiduciary duty arose between Mr. Runyon (and arguably Mr. Ruyon’s community property estate) by virtue of respondent’s legal representation of Mr. Runyon in the underlying action. However, in order to state a cause of action for civil conspiracy against respondent, Mrs.
RUNYON VS. COVIELLO
30-2016-00871765-CU-PT-CJC
Dec 01, 2016
Orange County, CA
They argue: (1) a civil conspiracy is not actionable as a tort; (2) plaintiff cannot recover damages from defendants for removing plaintiff as President of the Sikh Center; and (3) plaintiff is seeking damages for the alleged conspiracy, yet damages are not permitted under a conspiracy theory. Issue 1: Is civil conspiracy an actionable tort?
PAVITARJIT SIHOTA V. SUKHPAL DHALIWAL
18CECG02846
May 13, 2019
Fresno County, CA
Personal Injury/ Tort
Defamation
Maybruck, Cathy Pattinson, Sarita Freedman, Elizabeth Beltran, Jeanne Way, David Konell, Andrea Maitra, William Wagnon and Linda Andron is sustained with 10 days leave to amend as to the 6th Cause of Action (Civil Conspiracy re Tortious Interference with Prospective Economic Advantage), the 9th Cause of Action (Civil Conspiracy re Intentional Infliction of Emotional Distress), and the 11th Cause of Action (Civil Conspiracy re Negligent Infliction of Emotional Distress).
BRODY VS. FACT, INC
SC126735
Mar 07, 2017
Los Angeles County, CA
The Motion for Judgment on the Pleadings for the 5th cause of action (civil conspiracy) is GRANTED, with 30-days leave to amend. Defendants properly contend that civil conspiracy is not an independent tort. (Favila v. Katten Muchin Rosenman LLP (2010) 188 Cal.App.4th 189, 206 (Favila).) “The essence of the claim is that it is merely a mechanism for imposing vicarious liability; it is not itself a substantive basis for liability.
GILL VS. SONI
30-2017-00915449-CU-FR-CJC
Sep 17, 2018
Orange County, CA
The Demurrers to the 2nd Cause of Action (Civil Conspiracy re Wrongful Termination), the 4th Cause of Action (Civil Conspiracy re Tortious Interference with Prospective Economic Advantage), the 5th Cause of Action (Breach of the Implied Covenant of Good Faith and Fair Dealing), the 7th Cause of Action (Civil Conspiracy re Intentional Infliction of Emotional Distress), and the 9th Cause of Action (Civil Conspiracy re Negligent Infliction of Emotional Distress) is sustained with 30 days leave to amend; the Demurrer
BRODY VS. FACT, INC
SC126735
Jun 09, 2017
Los Angeles County, CA
Code § 1714.10 provides, (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 attorneys 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
CRYSTAL ROSEBOROUGH, ET AL. VS CANDICE HEIDEN
22STCV04908
Aug 18, 2022
Los Angeles County, CA
Defendant Chase Bank's general demurrer to the sixth cause of action for civil conspiracy based on the argument that Plaintiffs have not sufficiently pled the elements of conspiracy is overruled. The Court concludes Plaintiffs have pled sufficient facts to allege a claim for civil conspiracy against Defendant Chase.
ROCHA VS. MIRANDA
37-2016-00036941-CU-OR-NC
Sep 26, 2017
San Diego County, CA
Real Property
other
Twelfth Cause of Action for Civil Conspiracy Defendants demur to Plaintiffs Twelfth Cause of Action for Civil Conspiracy on the ground Plaintiff has failed to allege facts sufficient to constitute a cause of action. Specifically, defendants argue plaintiff has failed to allege facts sufficient to establish the first and second elements of a cause of action for Civil Conspiracy.
SJARESKA MARTINA KARNI VS DIANA LUA, ET AL.
22VECV01084
Sep 29, 2022
Los Angeles County, CA
Thirteenth Cause of Action - Civil Conspiracy Solano points out that in deciding the previous Wright demurrer, the court already found there was no civil wrong supporting the claim for civil conspiracy.
HAWK VS WRIGHT
SCV-259934
Mar 21, 2018
René Auguste Chouteau
Sonoma County, CA
The demurrer to the sixth cause of action for civil conspiracy is sustained without leave to amend. Civil conspiracy is not a separate cause of action. (Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 47.) The demurrer to the prayer section of the complaint is overruled. Defendants have not established the prayer is so uncertain as to be unintelligible. To the extent Defendants seek an alternative motion to strike, this must be done via a separate motion.
QUIAPO VS FORTUNO
37-2017-00000005-CU-DF-CTL
Oct 30, 2017
San Diego County, CA
Personal Injury/ Tort
Defamation
The allegation is that this was part of a civil conspiracy between the first and second purchasers. Whether the facts will support these allegations of fraud and civil conspiracy is unknown; but they are sufficient for pleading purposes. The argument that the pleading is not specific enough carries no weight here. 3. Request for Judicial Notice The request of this defendant for judicial notice of the first amended complaint is GRANTED. 4. Notice The plaintiffs shall give notice.
TAMSEN V. MESSINGER
30-2019-01119997
Jul 30, 2020
Orange County, CA
Fifth cause of action for Civil Conspiracy. Plaintiffs allege that all Defendants conspired to and received proceeds of the Contract where no work was actually performed (because permits were never obtained). “The elements of a civil conspiracy are [1] the formation and operation of the conspiracy and [2] damage resulting to plaintiff from an act done in furtherance of the common design.” (Stueve Bros. Farms, LLC v.
PADIAL VS SECURED INCOME GROUP I INC
RIC2001353
Aug 05, 2021
Riverside County, CA
There are insufficient facts alleged to constitute a cause of action for civil conspiracy. "Conspiracy is not a cause of action, but 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. 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.
WHITE VS LAW OFFICES OF FRANCISCO JAVIER ALDANA
37-2018-00016495-CU-OE-CTL
Nov 08, 2018
San Diego County, CA
Employment
Other Employment
Plaintiff argues in its Opposition that, “[n]o 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….” (Civil Code § 1714.10, subd. (a).)
IN THE MATTER OF JOCELYN ANGUIANO LOPEZ
19CV000579
May 29, 2019
Napa County, CA
Defendant demurs to plaintiffs fraud and civil conspiracy causes of action on statute of limitations grounds. Under Cal. Code of Civ. Proc. §338(d), fraud is subject to a three-year statute of limitations. Recording an interest in real property in the public records grants constructive notice of the interest. First Bank v. East West Bank (2011) 199 Cal.App.4th 1309, 1314.
GHALIB KANJI VS JOHN MARCEL GRYGA, ET AL.
21SMCV00970
Oct 27, 2021
Los Angeles County, CA
The causes of action are as follows: (1) civil conspiracy to commit fraud (concealment); (2) civil conspiracy to commit fraud; (3) civil conspiracy to commit trespass to chattel; (4) civil conspiracy to commit conversion; (5) civil conspiracy to commit intentional infliction of emotional distress; (6) fraud (concealment); (7) trespass to chattel; (8) conversion; (9) intentional infliction of emotional distress; (10) civil conspiracy to commit fraud (concealment); (11) civil conspiracy to commit fraud (reliance
JACKNETT DANESHRAD VS DANIEL TEHRANI VAFA ET AL
BC694220
Mar 01, 2019
Los Angeles County, CA
Personal Injury/ Tort
Fraud
Defendant Halt Gold Group, LLC dba Patriot Gold demurs to the cause of action for civil conspiracy arguing no duty was alleged. A cause of action for civil conspiracy may not arise if the alleged conspirator was not personally bound by the duty violated by the wrongdoing. Doctors’ Co. v. Superior Court (1989) 49 Cal.3d 39, 43-44. Defendant argues the complaint does not allege Patriot Gold had a duty to refrain from taking and using Wholesale Direct’s customer list.
WHOLESALE DIRECT METALS, INC. VS CHARLEY CHARTOFF, ET AL.
20SMCV00627
Sep 23, 2021
Los Angeles County, CA
Nonetheless, the elements of a civil conspiracy are (1) formation and operation of the conspiracy, (2) damage resulting to plaintiff, and (3) from an act done in furtherance of the common design. (I-CA Enterprises, Inc. v. Palram Americas, Inc. (2015) 235 Cal.App.4th 257, fn.2; Prakashpalan v. Engstrom, Lipscomb and Lack (2014) 223 Cal.App.4th 1105, 1136.)
EMMETT V. TUON, ET AL.
17CECG01566
Aug 30, 2017
Jeff Hamilton
Fresno County, CA
Real Property
other
Also, the allegations setting forth a civil conspiracy and alter ego (¶¶ 43 - 49) are sufficient when read in context with other allegations within the Complaint. Even assuming the preliminary allegations of a civil conspiracy and alter ego are insufficient, this cause of action alleges active, joint conduct on the part of all Defendants.
BECK VS POINT LOMA PATIENTS CONSUMER COOPERATIVE CORPORATION [E-FILE]
37-2017-00037524-CU-BT-CTL
Jan 09, 2018
San Diego County, CA
Business
Intellectual Property
In AREI II Cases (2013) 216 Cal.App.4th 1004, 1022 (internal citations and punctuation omitted), the Court of Appeal further explained the pleading requirements for a civil conspiracy claim: “It is well settled that bare allegations and rank conjecture do not suffice for civil conspiracy.
RHEE VS. NGUYEN
30-2020-01153448
Feb 01, 2021
Orange County, CA
The court overruled the demurrer as to DHR and Plaintiffs’ cause of action for civil conspiracy. Third Cause of Action for Civil Conspiracy: “Conspiracy is not a cause of action, but 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.
PSC 1601241
Nov 18, 2016
Riverside County, CA
Petitioners argue that there is no cause of action for civil conspiracy in the Petition, and that it is therefore not subject to the strictures of Civil Code section 1714.10. However, the labels of the causes of action are not controlling; the Court must examine the allegations themselves. (Cortese v. Sherwood (2018) 26 Cal. App. 5th 445, 455, citing Berg & Berg (2005) 131 Cal.App.4th 802, 824).
IN THE MATTER OF THE MAUREEN E. CROWE TRUST DATED JULY 16, 2016
PTR20303964
Apr 15, 2021
ELIF SONMEZ
San Francisco County, CA
On May 11, 2018 Plaintiff filed the First Amended Complaint, which alleges the following causes of action: Promissory Estoppel Promissory Estoppel Promissory Estoppel Promissory Estoppel Civil Conspiracy Civil Conspiracy Civil Conspiracy; and Civil Conspiracy. Included with the titles of each of these causes of action are violations of numerous California Code of Regulations, Education Code sections, and LACCD Rules.
SIMAALSADAT MASAJEDIAN VS LOS ANGELES COMMUNITY COLLEGE DISTRICT, ET AL.
18STLC11368
Feb 07, 2019
James E. Blancarte or Wendy Chang
Los Angeles County, CA
Merits – Conspiracy Claim “The elements of an action for civil conspiracy are the formation and operation of the conspiracy and damage resulting to plaintiff from an act or acts done in furtherance of the common design. ...
MOHAMMED NASRI VS JUAN LOPEZ
19LBCV00161
Sep 19, 2019
Los Angeles County, CA
As to defendant Patriot Gold’s duty, plaintiff argues “duty is not an element of civil conspiracy.” Plaintiff does not address defendant’s citation from Doctors’ Co., which holds “[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[.]” Doctors’ Co., supra, 49 Cal. 3d at 44.
WHOLESALE DIRECT METALS, INC. VS CHARLEY CHARTOFF, ET AL.
20SMCV00627
Jul 09, 2021
Los Angeles County, CA
Plaintiff concedes that his claim for malicious prosecution parallels his claim for civil conspiracy. Accordingly, the Court applies its anti-SLAPP analysis for Plaintiff's claim for malicious prosecution to Plaintiff's claim for civil conspiracy. As inopportune as Plaintiff's experiences were with Defendants, his claims nonetheless fall within the purview of section 425.15 of the Code of Civil Procedure. Plaintiff's Request for Judicial Notice is GRANTED.
FLORIAN GOETTE VS. FERGUS MORONEY (CCP 170.6 CHALLENGE AGAINST JUDGE KAHN; PENDING CCP170.1 CHALLENGE TO JUDGE QUINN)
CGC15546172
Nov 06, 2015
San Francisco County, CA
As to the 7th Cause of Action, civil conspiracy is not a cause of action. See Applied Equipment v. Litton (1994) 7 Cal.4th 503, 510-511.
ROBERT THOMPSON, ET AL., VS SHEILA WELLS, ET AL.,
SC127126
Jul 06, 2017
Los Angeles County, CA
Civil Conspiracy 6. Unfair Business Practices Cross-Complainant Tatum contends that discovery revealed that additional claims for fraud, civil conspiracy, intentional misrepresentation, comparative indemnity, contribution, Penal Code § 496(c), and promissory estoppel may be pled against additional parties Jennifer Roman, Munoz, Wong, Nunez, Civil Financial Services, LLC, and Civil Real Estate Holdings II, LLC.
JUANA ROMAN, A INDIVIDUAL, ET AL. VS BRANDON WONG, AN INDIVIDUAL, ET AL.
19NWCV00179
Sep 15, 2020
Lori Ann Fournier or Olivia Rosales
Los Angeles County, CA
Personal Injury/ Tort
Fraud
Because there is no cause of action for civil conspiracy to commit fraud, the demurrer is sustained with leave to amend to permit Plaintiff to properly allege a fraud claim based on a civil conspiracy theory against WCM and Gladstone. The court notes that Plaintiff has already alleged promissory fraud and two fraud causes of action against Gladstone.
LIBERTY PROPERTY LIMITED PARTNERSHIP V. 10721 JASMINE LLC, ET AL.
30-2015-00805057-CU-BC-CJC
Oct 01, 2016
Orange County, CA
As to the seventh cause of action, Defendants argue the civil conspiracy claim is baseless, as California does not recognize "civil conspiracy" as a separate and distinct cause of action; it is only a theory of vicarious liability.
MUNSON VS. M&M TELECOM INC
37-2015-00031284-CU-BC-CTL
Nov 17, 2016
San Diego County, CA
Contract
Breach
The demurrer to the eleventh cause of action for civil conspiracy to commit breach of fiduciary duty is overruled as to defendant Christina Nguyen.
NGUYEN VS. NGUYEN
30-2018-01022497-CU-BC-CJC
May 31, 2019
Orange County, CA
E) A civil conspiracy claim is not an independent tort, but looks to a common plan or design among tortfeasors, requiring knowledge of the wrongful objective and their intent to participate in that objective. Schick v. Lerner (1987) 193 Cal.App.3d 1321, 1327. As the only cause of action against the escrow officer here, the TAC lacks some of the required allegations for liability for a civil conspiracy, i.e. the formation and operation of the conspiracy and the wrongful act or acts done. (Wise v.
NAZ SMYTH VS JESSICA FRANCES SHERMAN ET AL
BC573346
Apr 26, 2017
Los Angeles County, CA
Real Property
Quiet Title
Civil Conspiracy 1. Legal Standard 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.)
ROCHELLE STERLING,, AS TRUSTEE OF THE STERLING FAMILY TRUST VS MOHAMMAD M. FAWAZ
22STCV15352
Dec 21, 2022
Los Angeles County, CA
Civil Code section 1714.10, subdivision (b), makes the failure to obtain a court order a defense to any action for civil conspiracy and notes that the defense “shall be raised by the attorney charged with civil conspiracy upon that attorney's first appearance by demurrer, motion to strike, or such other motion or application as may be appropriate. Failure to timely raise the defense shall constitute a waiver thereof.”
YAMBUPAH V. ENGLEBRIGHT
17CECG03929
Mar 26, 2019
Fresno County, CA
However, nowhere in the FAC is it alleged that AMSS obtained a prefiling order allowing it to assert a claim for civil conspiracy against Rosenberg, as required by Section 1714.10.
DLG FAMILY LIMITED, ETC. V. LOS MEGANOS HOMEOWNERS ASSOC., ET AL.
1415519
Nov 18, 2013
Santa Barbara County, CA
First, there is no separate tort of "civil conspiracy." The only significance of a conspiracy charge is that each member may be held responsible as a joint tortfeasor. (Kidron v. Movie Acquisition Corp. (1995) 40 Cal.App.4th 1571, 1581 ["As is well established, civil conspiracy is not an independent tort.
37-2022-00025372-CU-PA-CTL
Aug 18, 2023
San Diego County, CA
Plaintiffs/Cross-Defendants Carole Lou Rutter and Albert Harvey Rutter bring this demurer to the third cause of action for civil conspiracy alleged in the Cross-Complaint. In determining whether a complaint alleges facts sufficient to state a cause of action, the Court treats the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. Blank v. Kirwan (1985) 39 Cal.3d 311, 318.
CAROLE LOU RUTTER VS. ANS MACHINE WORKS LLC
37-2017-00021553-CU-BC-CTL
Jan 04, 2018
San Diego County, CA
Contract
Breach
Moreover, the first, fourth, and fifth causes of action cannot serve as a basis for civil conspiracy or aiding and abetting liability. See AREI II Cases (2013) 216 Cal.App.4th 1004, 1021 ("A civil conspiracy 'must be activated by the commission of an actual tort.'") (quoting Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 510, 511); Goonewardene v. ADP, LLC (2016) 5 Cal.App.5th 154, 189 ("Generally, aiding and abetting requires the commission of an underlying tort.").
ROCHA VS. MIRANDA
37-2016-00036941-CU-OR-NC
Aug 16, 2018
San Diego County, CA
Real Property
other
While civil conspiracy is not an independent claim, but rather a basis to be held liable for wrongful conduct, the civil conspiracy allegations are otherwise well pled and there is no prejudice to defendant by those allegations being labeled a separate claim. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests.
HRD COFFEE SHOP INC. VS. RICHARD TOM
CGC15544434
Dec 14, 2015
San Francisco County, CA
This court ruled on demurrer on December 20, 2017 that Plaintiffs had failed to state a claim for civil conspiracy against the co-Defendants (“the Wright Defendants”). By then, Plaintiffs should have known their action for civil conspiracy against Solano was precluded. This is so because a conspiracy is an agreement by two or more persons to commit a wrongful act. (Judicial Council of California Civil Jury Instruction 3600.)
HAWK VS WRIGHT
SCV-259934
Jun 20, 2018
René Auguste Chouteau
Sonoma County, CA
Schneider's demurrer to the sixth cause of action for "civil conspiracy." There is no separate cause of action for civil conspiracy. It is a remedy which may impose liability on a tortfeasor who commits an identified wrongful act(s) in participation or furtherance of the conspiracy. (Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 47; Applied Equipment Corp v. Litton Saudi Arabia Ltd (1994) 7 Cal.4th 503-10-11.)
JOANNE HEWITT VS. CONNIE PHILLIPS
56-2009-00338982-CU-OR-SIM
Apr 02, 2010
Ventura County, CA
Real Property
other
The elements of civil conspiracy are (1) the formation and operation of the conspiracy, (2) a wrongful act done in the furtherance of the conspiracy, and (3) the resulting damage to the plaintiff. Id. Civil conspiracy “allows tort recovery only against a party who already owes the duty and is not immune from liability based on applicable substantive tort law principles.” Applied Equip. Corp. v. Litton Saudi Arabia Ltd., supra, 7 Cal. 4th at 514.
RNS INTERNATIONAL, INC. VS. JEONG
30-2019-01086167
Jul 23, 2020
Orange County, CA
But as the defects in the other causes of action apply to this cause of action too, the Court will not foreclose a later demurrer. 4th C/A: Civil conspiracy. Citing Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510-511, Defendants claim that conspiracy is not a separate cause of action. But the Court just held that an actionable cause of action had to be incorporated, and stated the "elements … of a civil conspiracy." Id. at 511. Doctor’s Co. v.
CTS GLOBAL LOGISTICS (GEORGIA) INC. VS DJL MINING, LLC
30-2016-00858730-CU-BC-CJC
Oct 21, 2016
Orange County, CA
Discussion Plaintiff Krycler, Ervin, Taubman, & Kaminsky (“KETK”) files a verified petition to amend the First Amended Complaint to add two causes of action for Civil Conspiracy to Breach Contract and Civil Conspiracy to Commit Fraud, each alleged against Defendants Miller, Skarin, and proposed defendant Taylor Wallin. Defendants Feinberg, Mindel, Brandt & Klein, LLP (“FMBK”), and Skarin and proposed defendant Wallin (together “Attorney Defendants”), have opposed.
KRYCLER, ERVIN, TAUBMAN & KAMINSKY, AN ACCOUNTANCY CORPORATION VS AIMEE MILLER, ET AL.
20STCV45431
Oct 22, 2021
Los Angeles County, CA
Defendant's motion for summary adjudication of the fifth cause of action for civil conspiracy is DENIED. As stated above, Defendant has not met its initial burden of production to establish one or more elements of civil conspiracy cannot be established here. Further, although civil conspiracy is not, by itself, a separate cause of action, a cause of action may be stated when the pleading "alleges the commission of a civil wrong that causes damage." (Okun v. Superior Court (1981) 29 Cal.3d 442, 454.)
NAYSHTUT VS. COMERCIALIZADORA TRAVEL ADVISORY S A DE C V
37-2014-00083815-CU-BC-CTL
Mar 07, 2019
San Diego County, CA
Contract
Breach
Accordingly, “[t]he basis of a civil conspiracy is the formation of a group of two or more persons who have agreed to a common plan or design to commit a tortious act.” ( Kidron v. Movie Acquisition Corp. (1995) 40 Cal.App.4th 1571, 1581 [quoting 1 Levy et al., Cal. Torts (1995) Civil Conspiracy, § 9.03[2], p. 9-12] [citations omitted].) Plaintiff has not alleged facts that indicate that all three defendants agreed beforehand to commit a tort.
KIMBERLY VALENTINE VS BEVERLY HILLS WELLNESS SURGERY CENTER, LLC, A LIMITED LIABILITY COMPANY, ET AL.
19STCV25703
Dec 16, 2020
Los Angeles County, CA
Personal Injury/ Tort
Medical Malpractice
“Civil conspiracy is not an independent tort.” (City of Industry v. City of Fillmore (2011) 198 Cal.App.4th 191, 211.) “Conspiracy . . . is not an independent cause of action.” (Faunce v. Cate (2013) 222 Cal.App.4th 166, 172-173.) The Court finds that under Applied Equipment and City of Industry, Plaintiff has not stated a cause of action for civil conspiracy, because civil conspiracy is not an independent tort.
EVELYN LEE VS MARGARET HSU, ET AL.
19STCV31139
Aug 04, 2020
Los Angeles County, CA
Civil conspiracy is not in independent tort: “It must be activated by the commission of an actual tort. A civil conspiracy, however atrocious, does not give rise to a cause of action unless a civil wrong has been committed resulting in damage.” Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 511. Plaintiffs’ civil conspiracy claim is based on their allegation that Big Ticket and CBS Defendants conspired with Judge Sheindlin to breach the contracts. (Compl., ¶ 54.)
(NO CASE NAME AVAILABLE)
BC690
Sep 14, 2018
Los Angeles County, CA
Similarly, the allegations of constructive fraud, negligent misrepresentation, negligence, civil conspiracy, rescission and breach of promissory note are adequate to survive demurrer. The Court does not address disputed factual issues on demurrer. The allegations of fraud are also sufficient to survive demurrer. The alleged wrong is different in nature from the breach of contract.
GARY B OLITO AND JOAN OLITO AS TRUSTEES OF THE GARY B AND JOAN OLITO FAMILY REVOCABLE TRUST VS. PATRICK K SMITH
34-2010-00075523-CU-FR-GDS
Oct 20, 2011
Sacramento County, CA
Personal Injury/ Tort
Fraud
Third Cause of Action for Civil Conspiracy to Commit Fraud Civil conspiracy is not an independent tort. Instead, 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. [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.]
21STCV033631
Feb 07, 2023
Los Angeles County, CA
Fourth Cause of Action for Civil Conspiracy The elements of a civil conspiracy are the formation and operation of the conspiracy and damage resulting to plaintiff from an act done in furtherance of the common design. ( Stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 Cal.App.4th 303, 323.) Defendants assert Plaintiffs cannot state a claim for civil conspiracy because Plaintiffs have not alleged facts showing a conspiracy, and Defendants acts are protected by agent immunity.
GERALD WHITT, ET AL. VS EDISON NATION, INC., ET AL.
20STCV41207
Feb 14, 2024
Los Angeles County, CA
("Plaintiffs") for leave to amend the Complaint to assert three causes of action for intentional interference with contractual business relations, civil conspiracy and civil extortion as against all Defendants including the two new doe added Defendants, is GRANTED. Plaintiffs are directed to separately file the First Amended Complaint ("FAC") with the Court and promptly effect service of the FAC on Defendants.
AMINPOUR VS CALHOUN
37-2018-00054834-CU-BT-CTL
Jul 13, 2020
San Diego County, CA
Business
Intellectual Property
THE DEMURRER IS SUSTAINED WITH 10 DAYS LEAVE TO AMEND AS TO A CAUSE FOR DAMAGES, BUT NOT A CAUSE OF ACTION FOR CIVIL CONSPIRACY WHICH WOULD FIRST REQUIRE AN ORDER PURSUANT TO CIVIL CODE SECTION 1714.10. =(302/CWW/VC)
GREGORY CHANDLER VS. HYOUNG OK LEE ET AL
CGC08479682
Feb 05, 2009
San Francisco County, CA
Civil Conspiracy Civil conspiracy is not an independent tort under California law. (Brown v. Professional Community Management, Inc. (2005) 127 Cal.App.4th 532; see also Everest Investors 8 v. Whitehall Real Estate Limited Partnership XI (2002) 100 Cal.App.4th 1102.) 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. (Richard B. Le Vine, Inc. v.
LAURA ROBITSCHEK V. VIOLA MARTIN
19CECG03926
Sep 14, 2020
Fresno County, CA
Personal Injury/ Tort
other
The first cause of action is for Civil Conspiracy, but civil conspiracy is not an actionable cause of action on its own; it requires an underlying civil wrong. Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal. 4th 503, 510-11. The second cause of action is for Property Damage as a Result of Defendants’ Violation of Vehicle Code §22658.
HUNTER VS. THE IRVINE COMPANY
30-2018-01009750
Jan 08, 2021
Orange County, CA
It is true that civil conspiracy is not an independent cause of action. See Kidron v. Movie Acquisition Corp. (1995) 40 Cal.App.4th 1571, 1581 ("As is well established, civil conspiracy is not an independent tort."). Plaintiff should have alleged the conspiracy theory as a general charging allegation and the court treats the allegations as such. Defendant can be liable on the conversion and UFTA claims by participating in the wrongdoing.
WARREN LEGARIE VS. MAHMOUD ASSAF ET AL
CGC14542232
Nov 13, 2015
San Francisco County, CA
Plaintiffs are entitled to amend the pleading to allege facts, if they exist, to support their claim of civil conspiracy. The success of the punitive damages claim depends on whether Plaintiffs are able to successfully amend the pleading. Because Plaintiffs have not stated a civil conspiracy cause of action against Defendant Simpson, the motion to strike is granted with 20 days leave to amend.
AMAR D. PATEL VS MERIDIAN HEALTH SERVICES
VC064751
Jan 24, 2017
Los Angeles County, CA
A civil conspiracy is not itself an actionable tort. “The gist of an action charging civil conspiracy is not the conspiracy, but the damage suffered . . . . 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. Exchange (1972) 7 Cal.3d 616, 631.)
JUMBO INVESTMENT, INC. ET AL -V - KEVIN ZHANG ET AL PRINT
CIVSB2130747
Jan 05, 2023
San Bernardino County, CA
“‘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.’” [Citations.] We have summarized the elements and significance of a civil conspiracy: “‘The elements of an action for civil conspiracy are the formation and operation of the conspiracy and damage resulting to plaintiff from an act or acts done in furtherance of the common design....
RESIDUAL INCOME OPPORTUNITIES INC ET AL VS TRIBUL MERCHANT S
BC627326
Jul 07, 2021
Los Angeles County, CA
Defendants' Motion to Strike is DENIED, with the exception of Claim 9 for Civil Conspiracy, to which Plaintiff UCSD agrees.
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA VS. AISEN
37-2015-00022082-CU-BT-CTL
May 30, 2019
San Diego County, CA
Business
Intellectual Property
Civil Conspiracy (Second Cause of Action) Defendant argues Acostas second cause of action for civil conspiracy fails to state a claim. The court agrees. Civil conspiracy is not an independent tort. Instead, 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. ( City of Industry v.
JOSHUA ACOSTA VS AURORA CHARTER OAK-LOS ANGELES, LLC
20STCV48320
Nov 30, 2022
12/14/2022
Los Angeles County, CA
Verified Petition For Order Granting Leave To File A Verified Amended Complaint Against Attorneys Containing Allegations Of Damages Arising From Civil Conspiracy Matter on Calendar for Thursday, November 19, 2015, Line 3. PLAINTIFF ELIZABETH KARNAZES' Verified Petition For Order Granting Leave To File A Verified Amended Complaint Against Attorneys Containing Allegations Of Damages Arising From Civil Conspiracy.
ELIZABETH KARNAZES VS. JOHN J. HARTFORD ET AL
CGC12521174
Nov 19, 2015
San Francisco County, CA
Cross-complainant Abe’s AAA Plus, Inc.’s (“AAA”) causes of action for interpleader and civil conspiracy to defraud are DISMISSED WITHOUT PREJUDICE. (Code Civ. Proc., § 581, subd. (b)(1); AAA’s Opposition, p. 4.)
KOEHLER V. PAVONE
CVCV15-125
Oct 26, 2015
Yolo County, CA
Defendants Kim and Woobo contend that the Sixth Cause of Action for unjust enrichment and the Seventh Cause of Action for civil conspiracy cannot stand because they are based on an allegedly defective claim for conversion. This is represents an unnecessarily myopic view of the case as a whole. The court has previously ruled that plaintiff’s Sixth and Seventh Causes of Action are viable if tied to an underlying tort. (See Minute Order dated 11-27-17.)
XU VS. CHO
30-2016-00840156-CU-BT-CJC
Jan 09, 2019
Orange County, CA
Liability Based on Civil Conspiracy DLD Defendants argue that Plaintiff’s causes of action against DLD Defendants are based on Plaintiff’s claim of a civil conspiracy, which Plaintiff has not sufficiently alleged. (Demurrer, pg. 15.) Plaintiff failed to allege facts suggesting DLD or Rad participated in the formation and/or operation of the purported civil conspiracy.
ROSEMARY WOODS VS RAZ INVESTMENTS,INC., A CALIFORNIA CORPORATION, ET AL.
19STCV34490
Jul 09, 2020
Los Angeles County, CA
Real Property
Quiet Title
RELIEF REQUESTED: Sustain demurrer to first and second causes of action of First Amended Complaint CAUSES OF ACTION: from First Amended Complaint Fraud Civil Conspiracy to Commit Fraud Breach of Written Contract RULING: Defendant Amaxi Nutrition Products, Inc.’s Demurrer to First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND.
SEMCO E&M CORP.,ET AL VS. MARGARET LAU, ET AL
EC066936
Sep 06, 2019
Los Angeles County, CA
Personal Injury/ Tort
Fraud
“Failure to obtain a court order where required by subdivision (a) shall be a defense to any action for civil conspiracy filed in violation thereof. (Civ. Code, § 1714.10(b).)
CESAR ROMERO ET AL VS FIRST AMERICAN TITLE COMPANY ET AL
BC656649
Jul 10, 2017
Los Angeles County, CA
. ; (6) escrow negligence; (7) fraud; (8) civil conspiracy; and (9) declaratory relief. Plaintiff alleges that Plaintiff Sam and Defendant Kwan entered into a business venture together to create CAC LLC in 2013, where Kwan and Sam appointed Sam as the managing member of CAC, LLC. (SAC, ¶ 4.)
ANTHONY SAM VS RENEE KWAN ET AL
BC721121
Mar 05, 2021
Los Angeles County, CA
Personal Injury/ Tort
Fraud
A civil conspiracy requires an object to be accomplished, a meeting of minds on the object or course of action, one or more overt acts, and damages as the proximate result thereof. Since one cannot agree, expressly or tacitly, to commit a wrong about which he or she has no knowledge, in order for civil conspiracy to arise, the parties must be aware of harm or wrongful conduct at beginning of or in combination with the agreement.
CREDITORS ADJUSTMENT BUREAU, INC, VS RECALIBRATED PERFORMANCE LLC, ET AL.
19LBCV00497
Jan 19, 2021
Los Angeles County, CA
Katten Muchin Rosenman LLP (2010) 188 Ca.l.Appt4tl1 189, 206 (“Civil conspiracy is not an independent tort”).) The court sustains Defendants‘ demurrer to the fourth cause of action without leave to amend. Because Plaintiff can still pursue a theory of liability based on civil conspiracy, however, his conspiracy allegations in other sections of the First Amended Complaint (e.g., W7, 95, 99 -105, Prayer for Relief (112)) are not affected by the court’s ruling.
ARAM ANTARAMIAN VS. EQUITY BANCORP, INC., ET AL
CV2001829
Feb 17, 2021
Marin County, CA
As with the FAC, the SAC fails to sufficiently allege any underlying tort to support a cause of action for civil conspiracy, nor does his opposition address this. He also fails to show how the pleading can be amended to allege civil conspiracy, so as stated above, leave to amend will not be granted.
UMESH PATEL V. PACIFIC LODGING GROUP, ET AL.
19CV340816
Jan 30, 2020
Santa Clara County, CA
Motion denied as to the 5th cause of action for civil conspiracy which is proper under CC section 1714.10. =(302/CWW)
DAVID C. ANDERSON VS. BLAIR ADAMS ET AL
CGC08476550
Apr 20, 2010
San Francisco County, CA
Accordingly, Plaintiff may not allege an 11th cause of action for civil conspiracy, but Plaintiff may add specific civil conspiracy allegations to the extent they apply to other underlying causes of action. Defendants also argus that the civil conspiracy allegations are not properly pled. However, this issue is moot because the court cannot properly evaluate the allegations unless they are pled in connection with a specific, underlying causes of action. Defendants shall give notice of this ruling.
MCBAIN VS WALLACE
30-2017-00932955-CU-BC-CJC
Mar 02, 2018
Orange County, CA
On December 11, 2014, McKee moved for leave to reinstate the civil conspiracy claim previously dismissed on demurrer. The trial court denied the petition on the ground that the civil conspiracy claim was barred by the litigation privilege. McKee appealed that order and, on November 30, 2015, the Court of Appeal affirmed. Remittitur was filed in this court on February 24, 2016.
JONATHAN MCKEE VS KEVIN MAUSETH ET AL
16CV02103
Sep 14, 2016
Santa Barbara County, CA
Plaintiff did not satisfy CRC, Rule 3.1324 in regards to the causes of action for aiding and abetting or civil conspiracy. Plaintiff shall file and serve the amended complaint, which includes the additional cause of action for breach on contract, on all parties who have appeared in this action within 10 days. Plaintiff to give notice unless notice is waived.
VITEC ELECTRONICS CORP. VS. VERIS INDUSTRIES, LLC
30-2016-00876606-CU-IP-CJC
Aug 01, 2017
Orange County, CA
NO CAUSE OF ACTION FOR CIVIL CONSPIRACY MAY BE PLED WITHOUT COURT ORDER CC SECTION 1714.10. FRAUD MUST BE PLED WITH PARTICULARITY. PLAINTIFF MUST DEMONSTRATE ON THE FACE OF THE COMPLAINT THAT HIS CAUSES OF ACTION ARE NOT TIME-BARRED. =(302/CWW)
ROBERT F. RICHARD II VS. ROBERT F. RICHARD ET AL
CGC10500020
Jul 29, 2010
San Francisco County, CA
We have summarized the elements and significance of a civil conspiracy: “ 'The elements of an action for civil conspiracy are the formation and operation of the conspiracy and damage resulting to plaintiff from an act or acts done in furtherance of the common design....
XU VS. CHO
30-2016-00840156
Nov 15, 2017
Orange County, CA
In this regard, the Court rejects the Defendants arguments that certain claims (the first cause of action for creditor's suit; third cause of action for civil conspiracy to defraud creditors by concealing assets; fifth cause of action for aiding and abetting Mark Maine's concealment of assets from creditors; seventh cause of action for declaratory relief re alter ego status; and eighth cause of action for alter ego liability) are time-barred pursuant to Civ.
MYERS VS ANGELIC PICTURES INC
37-2017-00030815-CU-FR-CTL
May 02, 2018
San Diego County, CA
Personal Injury/ Tort
Fraud
The Causes of Action were for civil conspiracy and fraud. Plaintiff apparently hangs it hat on the language on p. 686, "There is but one cause of action alleged; namely, the wrongful ousting of plaintiff from his business". But in doing so ignores the rest of the opinion which comes back to the real Cause of Actions, for conspiracy and defrauding pl of his interest in the partnership.
SANTA PAULA ROCK GRAVEL & SAND LLC VS. MILE GRBIC
56-2012-00424722-CU-MC-VTA
Dec 11, 2012
Ventura County, CA
Insurance
Intellectual Property
The elements of a civil conspiracy are: (i) formation and operation of the conspiracy; (ii) damage resulting to plaintiff; and (iii) from an act done in furtherance of the common design. (Applied Equipment Corp. v. Litton Saudi Arabia, Ltd. (1994) 7 Cal.4th 503, 511.) “Standing alone, a conspiracy does no harm and engenders no tort liability. It must be activated by the commission of an actual tort.” (Id.) The Complaint here adequately pleads facts to support a claim for civil conspiracy.
WANG VS. DIAO
30-2017-00922869-CU-BT-CJC
Dec 11, 2017
Orange County, CA
Plaintiff’s second and third causes of action for civil conspiracy and fraud and deceit fail to state facts sufficient to establish those causes of action, including a failure to plead fraud with reasonable particularity. The Complaint fails to cite a contract or statute that could authorize attorney’s fees. Plaintiff alleges an entitlement to punitive damages only for fraud, but plaintiff’s fraud claim fails to state a cause of action.
KAMRAN STAFFING INC. VS. HORIZON PERSONNEL SERVICES
30-2017-00927655-CU-FR-CJC
Nov 02, 2017
Orange County, CA
Civil conspiracy “allows tort recovery only against a party who already owes the duty and is not immune from liability based on applicable substantive tort law principles.” Applied Equip. Corp. v. Litton Saudi Arabia Ltd., supra, 7 Cal. 4th at 514. In other words, “before one can be held liable for civil conspiracy, he must be capable of being individually liable for the underlying wrong as a matter of substantive tort law.
WILLIAM GODFREY, THROUGH HIS SUCCESSOR IN INTEREST, HELEN CHRISTINE GODFREY VS. JRM ENERGY, INC.
30-2016-00831888-CU-FR-CJC
Jan 03, 2019
Orange County, CA
Civil Conspiracy The elements of civil conspiracy are (1) formation of a conspiracy, (2) operation of a conspiracy, and (3) resulting damages. I-CA Enterprises, Inc. v. Palram Americas, Inc. (2015) 235 Cal.App.4th 257. Conspiracy is not an independent tort; it must be based on another underlying cause of action. Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 511. Defendants demur, arguing fraud has not been sufficiently alleged.
DANIELLE COLEMAN VS DAVID DRAIN, ET AL.
21SMCV00887
Dec 10, 2021
Los Angeles County, CA
On the other hand, this cause of action also appears to be premised on a civil conspiracy to commit the fraud detailed in the third cause of action; i.e., a civil conspiracy to mismanage Larking, Inc., a civil conspiracy to not keep financial records for Larking, and a civil conspiracy to self-deal and misappropriate the Larking assets. As discussed above, whether this fraud occurred remains disputed.
AMINPOUR VS CALHOUN
37-2018-00054834-CU-BT-CTL
Nov 17, 2023
San Diego County, CA
Second Cause of Action for Civil Conspiracy “The elements of an action for civil conspiracy are the formation and operation of the conspiracy and damage resulting to plaintiff from an act or acts done in furtherance of the common design.” Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 511.
SANFORD B WEISS ET AL VS CHARLOTTE S WEISS ET AL
BC635195
Jan 09, 2017
Los Angeles County, CA
On December 11, 2014, McKee moved, pursuant to Civil Code § 1714.10 for leave to amend to state the civil conspiracy claim previously dismissed on demurrer. The trial court denied the petition on the ground that the civil conspiracy claim was barred by the litigation privilege. McKee appealed that order and, on November 30, 2015, the Court of Appeal affirmed. Remittitur was filed in this court on February 24, 2016.
JONATHAN MCKEE V. BRIGHT & POWELL, ET AL.
1467044
Nov 07, 2016
Santa Barbara County, CA
Although plaintiff showed when the facts giving rise to the breach of contract claim was discovered and that plaintiff sought leave to amend at the earliest practicable date, plaintiff did not state when the facts giving rise to the aiding and abetting claim and civil conspiracy claim were discovered or the reasons why the request for amendment to add those two claims was not made earlier. Cal. Rules of Ct., Rule 3.1324(b)(3)-(4). Defendants may file a supplemental opposition no later than 7/19/2017.
VITEC ELECTRONICS CORP. VS. VERIS INDUSTRIES, LLC
30-2016-00876606-CU-IP-CJC
Jul 01, 2017
Orange County, CA
Defendant Larry Wong cannot be held liable for civil conspiracy, no duty owed to plaintiffs. =(302/CWW)
KATIUSKA ABURTO ET AL VS. ANNA T WONG ET AL
CGC07469968
Mar 30, 2010
San Francisco County, CA
FOURTH CAUSE OF ACTION (i.e., CIVIL CONSPIRACY): “A civil conspiracy does not give rise to a cause of action unless a civil wrong has been committed resulting in damage. The elements of an action for civil conspiracy are (1) formation and operation of the conspiracy and (2) damage resulting to plaintiff (3) from an act done in furtherance of the common design. (Doctor’s Co. v. Superior Court (1989) 49 Cal.3d 39, 44).” Thompson v. California Fair Plan Assn. (1990) 221 Cal.App.3d 760, 767.
REBECCA BONILLA VS SAN GABRIEL VALLEY TOWING ET AL
BC674461
Sep 19, 2018
Los Angeles County, CA
Personal Injury/ Tort
Auto
Plaintiff asserts causes of action against Defendant arising from these allegations for civil conspiracy and intentional/negligent interference with prospective economic advantage. B.
PASEO PASADENA HOTEL INVESTMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ONNI CAPITAL, LLC, A NEVADA LIMITED LIABILITY COMPANY, ET AL.
23AHCV00659
Sep 28, 2023
Los Angeles County, CA
A claim of civil conspiracy (count three) 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.)
RINCON BAND OF LUISENO MISSION INDIANS OF THE RINCON RESERVATION CALIFORNIA VS FLYNT [E-FILE]
37-2018-00058170-CU-NP-CTL
Feb 20, 2019
San Diego County, CA
Personal Injury/ Tort
other
Civil conspiracy is not itself a tort and is not actionable in the absence of an underlying wrong. Okun v. Superior Court (1981) 29 Cal.3d 442, 454 (proof of a conspiracy may render additional parties liable for a tort, but the conspiracy itself is not actionable without an underlying wrong); Doctors’ Company v. Superior Court (1989) 49 Cal.3d 39, 44 (a civil conspiracy does not per se give rise to a cause of action unless a civil wrong has been committed resulting in damage).
GREGG WELSH VS HADDON B DILLON
1337207
Jun 20, 2011
Santa Barbara County, CA
Civil Conspiracy (Second Cause of Action) Defendant argues Acostas second cause of action for civil conspiracy fails to state a claim. The court agrees. Civil conspiracy is not an independent tort. Instead, 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. ( City of Industry v.
JOSHUA ACOSTA VS AURORA CHARTER OAK-LOS ANGELES, LLC
20STCV48320
Apr 17, 2023
Los Angeles County, CA
Lorenz’s cited authority does not stand for the proposition that Plaintiff may not plead civil conspiracy in the alternative. The Complaint does plead civil conspiracy in the alternative and consistent with the requirements of City of Industry . For these reasons, Lorenz’s demurrer to the fifth cause of action is overruled.
JEREMY ROSENBERG, ET AL. VS AUTUMN LORENZ, ET AL.
20STCV38707
Mar 02, 2021
Los Angeles County, CA
Employment
Discrimination/Harass
“Accordingly, ‘[t]he basis of a civil conspiracy is the formation of a group of two or more persons who have agreed to a common plan or design to commit a tortious act.’” (Kidron, supra, 40 Cal.App.4th at 1582 citations omitted.) “[I]t is basic in the law of conspiracy that you must have two persons or entities to have a conspiracy.
SAIFI VS TSA GROUP LLC
MSC22-00196
Apr 24, 2023
Contra Costa County, CA
Demurrer The first cause of action for civil conspiracy fails because conspiracy is not a separate stand-alone cause of action. (Applied Equipment Corporation v. Litton Saudi Arabia, Ltd. (1994) 7 Cal.4th 503, 510.) A separate cause of action for conspiracy is unnecessary in light of Plaintiffs’ allegations of agency and conspiracy in Paragraphs 24-25 on which the various defendants may be held liable for the alleged conduct by other defendants.
HUNTER VS. INTERNATIONAL TOWING, INC.
30-2018-01026432-CU-BT-CXC
Jan 25, 2019
Orange County, CA
The demurrer is overruled as to cross-complainant’s third cause of action for civil conspiracy. “Conspiracy is not a cause of action, but 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.” Kesmodel v. Rand (2004) 119 Cal.App.4th 1128, 1141.
ZUBILLAGA, JAMES SR. VS. ZUBILLAGA, GINA
M-CV-0071751
Mar 19, 2019
Placer County, CA
Contract
Breach
Explanation: Civil Conspiracy The elements of a civil conspiracy are (1) formation and operation of the conspiracy, (2) damage resulting to plaintiff, and (3) from an act done in furtherance of the common design. (I-CA Enterprises, Inc. v. Palram Americas, Inc. (2015) 235 Cal.App.4th 257, fn.2; Prakashpalan v. Engstrom, Lipscomb and Lack (2014) 223 Cal.App.4th 1105, 1136.)
EMMETT V. TUON, ET AL.
17CECG01566
Dec 04, 2017
Fresno County, CA
Real Property
other
Tenth (Civil Conspiracy): OVERRULED; several of the torts alleged provide predicates for a civil conspiracy claim. Twelfth (Tort of Another): OVERRULED; Plaintiff has alleged several torts by Defendants that resulted in him having to respond to CUMIS' denial of bondability. Thirteenth (Declaratory Relief): OVERRULED; a possibility of future wrongs exists.
JASON MERTZ-PRICKETT VS. CHRISTOPHER BRUNO ET AL
CGC17560907
Jan 19, 2018
San Francisco County, CA
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.