SB 3617

Abstract

Amends the Code of Civil Procedure. Provides that any civil action based upon a legal theory of civil conspiracy, concert of action, or aiding and abetting may not be established merely by alleging a defendant's alleged participation in the conspiracy alone and that such an action shall be dismissed as a matter of law if the court concludes that the defendant did not owe a legal duty of care to the plaintiff. Provides that no defendant shall be liable under any of those theories unless the underlying tortious conduct is known to the defendant to be the purpose of the agreement giving rise to the action and intentionally committed by a party to the concerted action or agreement. Provides that these changes apply to all pending civil actions and to all actions filed on or after the effective date of the amendatory Act, provided that the changes do not apply to a civil action in which the trial began prior to that effective date. Effective immediately.