What is Conspiracy in California? Essential Civil Law Elements
Introduction
Conspiracy in California is not a separate tort, but a doctrine that imposes liability on people who, even if they did not personally commit a wrongful act, participated in a common plan to commit a civil wrong or statutory violation. A conspiracy may be shown by direct or circumstantial evidence, including the parties’ conduct or relationships with one another. IIG Wireless, Inc. v. Yi, 22 Cal. App. 5th 630, 652 (Ct. App. 2018); Applied Equipment Corp. v. Litton Saudi Arabia Ltd., 7 Cal. 4th 503, 510–11 (Cal. 1994).
Essential Elements of Civil Conspiracy
To hold a defendant liable on a conspiracy theory, the plaintiff must prove:
The defendant was aware of the wrongful act planned by coconspirators;
The defendant agreed with others and intended that the wrongful act be committed;
The coconspirator(s) actually committed the underlying civil wrong causing plaintiff harm.
Mere knowledge or approval without agreement or intent to cooperate is insufficient. An agreement to commit the wrongful act may be inferred from relationships, interests, or the nature of the conduct.
Wyatt v. Union Mortgage Co., 24 Cal. 3d 773, 784 (Cal. 1979); Rickley v. Goodfriend, 212 Cal. App. 4th 1136, 1158 (Ct. App. 2013).
Circumstantial Evidence and Liability
Conspiracy may be inferred from circumstantial evidence, not just direct admissions. Plaintiffs are not required to prove the defendant knew all details of the conspiracy, all participants, or was a direct actor. Those participating in a conspiracy are jointly responsible for all ensuing damages, even for acts they did not personally commit. AREI II Cases, 216 Cal. App. 4th 1004, 1022 (Ct. App. 2013); Kidron v. Movie Acquisition Corp., 40 Cal. App. 4th 1571, 1582–83 (Ct. App. 1995).
Practical Guidance for Clients
To pursue a conspiracy claim, carefully gather evidence of agreement, cooperation, relationships, or shared interests among all alleged parties.
Liability requires proof of a mutual plan to commit the wrong and intent to aid its commission—mere passive knowledge is not enough.
If successful, conspiracy can make all participants liable for the entire harm caused, even if only one did the wrongful act.
Be prepared for a high evidentiary burden; courts scrutinize conspiracy claims and require specific facts showing agreement.
Bottom Line
Civil conspiracy expands liability to all who plan and support a civil wrong—even those who never personally commit the wrongful act. Thorough legal advice and a careful record of relationships and coordination are critical to pursuing or defending conspiracy claims.
Citations
IIG Wireless, Inc. v. Yi, 22 Cal. App. 5th 630 (Ct. App. 2018); Applied Equipment Corp. v. Litton Saudi Arabia Ltd., 7 Cal. 4th 503 (Cal. 1994); Wyatt v. Union Mortgage Co., 24 Cal. 3d 773 (Cal. 1979); AREI II Cases, 216 Cal. App. 4th 1004 (Ct. App. 2013); Kidron v. Movie Acquisition Corp., 40 Cal. App. 4th 1571 (Ct. App. 1995); Rickley v. Goodfriend, 212 Cal. App. 4th 1136 (Ct. App. 2013).
