What are the elements of a civil conspiracy?

The elements of a claim of civil conspiracy "are (1) formation and operation of the conspiracy and (2) damage resulting to plaintiff (3) from a wrongful act done in furtherance of the common design. [Citation.]" (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1062.)

Under California law, civil conspiracy is not an independent tort. (Kesmodel v. Rand (2004) 119 Cal.App.4th 1128, 1141.) Instead, it is a legal doctrine that imposes liability on persons who share with the immediate tortfeasors a common plan or design in the perpetration of a tort, but do not actually commit the tort themselves. (Ibid.)

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