Sunday, April 4, 2010

California - Civil Conspiracy. Last overt act tolls the Statute of Limitations

ABOUT CONSPIRACIES:  In a state law cause of action (California)
A Conspiracy is "a legal doctrine that imposes liability on persons who, although not actually committing a tort themselves, share with the immediate tortfeasors a common plan or design in its perpetration. [Citation.] By participation in a civil conspiracy, a co-conspirator effectively adopts as his or her own the torts of other co conspirators within the ambit of the conspiracy. [Citation.] In this way, a co-conspirator incurs tort liability co-equal with the immediate tortfeasors." (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510-511." State of California ex rel. Harris v. PriceWaterhouseCoopers LLP 48 Cal.Rptr.3d 144 (2006).
The Statue of Limitations...

"[w]hen liability is premised on a civil conspiracy the statute of limitations does not commence "until the 'last overt act' pursuant to the conspiracy has been completed." (Wyatt v. Union Mortgage Co. (1979) 24 Cal.3d 773, 786; see Molko v. Holy Spirit Assn. (1988) 46 Cal.3d 1092, 1127.)
WARNING
: State law does not apply to the time of accrual in federal causes of actions. See Gibson v. United States 781 F.2d 1334 (9th Cir. 1986) ... rejecting plaintiffs reliance on state law regarding the running of the statute of limitations in a civil conspiracy under 42 U.S.C. 1983. Stating...
"while state law prescribes the statute of limitation applicable to section 1983 claims, federal law governs the time of accrual." Citing Venegas v. Wagner, 704 F.2d 1144, 1145 (9th Cir.1983); Gowin v. Altmiller, 663 F.2d 820, 822 (9th Cir.1981)" )."Gibson v. United States 781 F.2d 1334 (9th Cir. 1986). ...
Gibson further, declaring that in the 9th Cir. the accural of civil conspiracies for statute of limiations purposes runs seperately from each over act that is alleged to cause damage to the plaintiff. Gibson v. United States, 781 F.2d 1334 (9th Cir. 1986) , citing Lawerence v. Acree  655 F.2d 1319, 1324 (D.C. Cir. 1981).

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