What is the Law in California for Conspiracy - California Civil Jury Instruction CACI 3600
California Law
CA Civil Jury Instructions
CACI 3600 - Conspiracy
As of September 1, 2010
California Civil Jury Instruction CACI 3600
3600. Conspiracy—Essential Factual Elements
[Name of plaintiff] claims that [he/she] was harmed by [name of
coconspirator]’s [insert tort theory] and that [name of defendant] is
responsible for the harm because [he/she] was part of a conspiracy
to commit [insert tort theory]. A conspiracy is an agreement by two
or more persons to commit a wrongful act. Such an agreement
may be made orally or in writing or may be implied by the
conduct of the parties.
If you find that [name of coconspirator] committed [a/an] [insert tort
theory] that harmed [name of plaintiff], then you must determine
whether [name of defendant] is also responsible for the harm.
[Name of defendant] is responsible if [name of plaintiff] proves both
of the following:
1. That [name of defendant] was aware that [name of
coconspirator] [and others] planned to [insert wrongful act];
and
2. That [name of defendant] agreed with [name of
coconspirator] [and others] and intended that the [insert
wrongful act] be committed.
Mere knowledge of a wrongful act without cooperation or an
agreement to cooperate is insufficient to make [name of defendant]
responsible for the harm.
A conspiracy may be inferred from circumstances, including the
nature of the acts done, the relationships between the parties, and
the interests of the alleged coconspirators. [Name of plaintiff] is not
required to prove that [name of defendant] personally committed a
wrongful act or that [he/she] knew all the details of the agreement
or the identities of all the other participants.
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