The following excerpt is from Roberts v. Levine, Case No.: 19-cv-567-WQH-BLM (S.D. Cal. 2019):
"Standing alone, a conspiracy does no harm and engenders no tort liability." Id. Without an underlying tort, a claim for conspiracy cannot stand. See Okun v. Sup. Ct., 629 P.2d 1369, 1376 (Cal. 1981) ("A complaint for civil conspiracy states a cause of action only when it alleges the commission of a civil wrong that causes damage. Though conspiracy may render additional parties liable for the wrong, the conspiracy itself is not actionable without a wrong."). A motion to dismiss the conspiracy cause of action should be granted if no actionable conduct is alleged. Id.
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