Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Tuesday, October 6, 2009

Meeting of the Minds Element of Civil Conspiracy Claim Not Established

Elements of a Civil Conspiracy Claim To recover on an action for civil conspiracy, the plaintiff must prove: (1) the defendant and another person acted together, (2) they acted to accomplish an object (an unlawful purpose or a lawful purpose by unlawful means), (3) they had a meeting of the minds on the object or course of action, (4) they committed one or more unlawful acts, and (5) the plaintiff suffered damages as the proximate result of the unlawful acts. Ins. Co. Of N. Am. v. Morris, 981 S.W.2d 667, 675 (Tex. 1998). Absence of Evidence on Meeting of the Minds on the object of the alleged conspracy warrants no-evidence summary judgment In his motion for summary judgment, [Defendant] argued there is no evidence supporting any of the elements of conspiracy. Appellant provided no evidence of conspiracy and merely alleged that "all" defendants conspired against him because he is not proficient in English and is a "simple" blue collar worker. One of the essential elements required to establish a civil conspiracy is a meeting of the minds on the object or course of action. Schlumberger Well Surveying Corp. v. Nortex Oil & Gas Corp., 435 S.W.2d 854, 857 (Tex. 1969). There is no evidence of a meeting of the minds between the defendants. Appellant points out no specific facts establishing any of the elements of conspiracy. Appellant did not attach any evidence of conspiracy to his response as required by rule 166a(i). See Tex. R. Civ. P. 166a(i). Specifically, appellant presented no evidence on the third element of conspiracy, a meeting of the minds. The trial court did not err in granting Manley's no-evidence motion for summary judgment. SOURCE: 14-07-01085-CV (10/6/09) (Fourteenth Court of Appeals-Houston)