What is the test for a declaration of intent in a civil case?

California, United States of America


The following excerpt is from People v. Hunt, H037380, H038256 (Cal. App. 2014):

"Once independent evidence to establish the prima facie existence of the conspiracy has been shown," the prosecution must also show " ' "that the declaration was in furtherance of the objective of that conspiracy." ' " (People v. Hinton (2006) 37 Cal.4th 839, 895.) " '[W]hether statements made are in furtherance of a conspiracy depends on an analysis of the totality of the facts and circumstances in the case.' [Citation.]" (People v. Arceo (2011) 195 Cal.App.4th 556, 578.)

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