How To Prove A California Civil Conspiracy Claim

In California, a claim of Civil Conspiracy is defined as:
A civil conspiracy or collusion is a combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is Innocent in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not In itself unlawful; or to do any act with intent to prevent the course of justice; or to effect a legal purpose with a corrupt intent, or by improper means.
It simply means:
When two or more people come together to plan something illegal, or to use illegal means to effect something that would ordinarily be legal.
There are 3 elements of the claim:
- Element 1. A conspiracy was formed and in operation. A conspiracy was formed and in operation means that two or more people secretly agreed to work together to achieve a harmful goal, and they took steps to carry out that plan, which can lead to legal action if it causes damage to someone else.
Facts that might support this element look like:
* The defendants communicated regularly through emails and meetings to discuss their shared goal of undermining the plaintiff’s business.
* Each defendant took specific actions that furthered the conspiracy, including coordinating false statements to harm the plaintiff’s reputation.
* The defendants established a plan that outlined their roles and responsibilities in executing the conspiracy against the plaintiff.
* Evidence shows that the defendants celebrated their successes in damaging the plaintiff’s interests during a private gathering.
* The defendants shared confidential information about the plaintiff’s operations to strategize their collective efforts against him. - Element 2. The conspiracy resulted in damages to the plaintiff. In a civil conspiracy claim, this element means that the actions of the conspirators caused harm or loss to the person bringing the lawsuit, showing that their illegal agreement led to real negative effects on their life or property.
Facts that might support this element look like:
* The plaintiff incurred significant financial losses due to the defendants’ coordinated actions, which disrupted their business operations.
* The conspiracy led to a loss of clients for the plaintiff, resulting in a decrease in revenue over several months.
* The defendants’ actions caused the plaintiff to spend additional resources on legal fees to address the fallout from the conspiracy.
* The plaintiff experienced reputational harm, leading to a decline in market trust and further financial damages.
* The conspiracy directly resulted in the plaintiff being unable to fulfill contractual obligations, leading to penalties and lost business opportunities. - Element 3. The damage was caused by a wrongful act meant to further the common purpose of the conspirators. In a civil conspiracy claim, this means that the harm done was a result of an illegal action taken by a group of people working together to achieve a shared goal, showing that their combined efforts directly led to the damage.
Facts that might support this element look like:
* The conspirators coordinated their actions to undermine the plaintiff’s business, sharing confidential information to sabotage its operations.
* Each conspirator participated in meetings where they discussed strategies to harm the plaintiff’s reputation and market position.
* The wrongful acts were executed in unison, demonstrating a clear agreement among the conspirators to achieve their common goal.
* Evidence shows that the conspirators provided each other with resources and support to carry out their damaging plans against the plaintiff.
* The conspirators communicated regularly to ensure their actions aligned with their shared intent to inflict harm on the plaintiff.
(See Rusheen v. Cohen, 128 P. 3d 713, 37 Cal. 4th 1048, 39 Cal. Rptr. 3d 516 (Cal. Supreme Court 2006).)
If you’re in court without a lawyer and plan to assert a Claim of Civil Conspiracy, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.
Prove Your CA Civil Conspiracy Claim
U.S. Civil Cases Only