California Civil Jury Instructions (CACI) (2017)

3601. Ongoing Conspiracy

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3601.Ongoing Conspiracy
If you decide that [name of defendant] joined the conspiracy to commit
[insert tort theory], then [he/she] is responsible for all acts done as part
of the conspiracy, whether the acts occurred before or after [he/she]
joined the conspiracy.
New September 2003
Sources and Authority
• “It is the settled rule that ‘to render a person civilly liable for injuries resulting
from a conspiracy of which he was a member, it is not necessary that he should
have joined the conspiracy at the time of its inception; everyone who enters into
such a common design is in law a party to every act previously or subsequently
done by any of the others in pursuance of it.’ Having been found to have joined
and actively participated in the continuing conspiracy to convert, appellant
became liable for the previous acts of his coconspirators under the rules relating
to civil liability, and the fact that some of the missing goods may never have
come into his possession would not absolve him from liability.” (De Vries v.
Brumback (1960) 53 Cal.2d 643, 648 [2 Cal.Rptr. 764, 349 P.2d 532], internal
citations omitted.)
• “It is well settled that a conspirator is liable for all the acts done in furtherance
of a common scheme or plan even though he is not a direct actor. It is equally
well settled that a party may be liable even if the intentional tort is commenced
before he participates, if he, knowing the facts, then participates therein.”
(Peterson v. Cruickshank (1956) 144 Cal.App.2d 148, 168–169 [300 P.2d 915],
internal citations omitted.)
• “[Defendant] could not join in a conspiracy that had been completed.” (Kidron
v. Movie Acquisition Corp. (1995) 40 Cal.App.4th 1571, 1595 [47 Cal.Rptr.2d
752], internal citations omitted.)
Secondary Sources
1 Levy et al., California Torts, Ch. 9, Civil Conspiracy, Concerted Action, and
Related Theories of Joint Liability, § 9.03 (Matthew Bender)
13 California Forms of Pleading and Practice, Ch. 126, Conspiracy (Matthew
Bender)
4 California Points and Authorities, Ch. 46, Conspiracy (Matthew Bender)
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