Schessler v. Keck

In Schessler v. Keck (1954) 125 Cal. App. 2d 827, the court cited the rule that "'where the complaint alleges that all the allegedly libelous acts were committed pursuant to a conspiracy formed by the defendants, the statute of limitations does not commence to run against any of the alleged libelous acts until commission of the last overt act done in pursuance of the conspiracy.'" ( Id. at pp. 832-833, quoting 53 C.J.S. Libel & Slander, 156, p. 240.) The court found that the plaintiff alleged an overt act that "occurred less than one year before the filing of the complaint and hence within the statutory period of limitations." ( Id. at p. 833.) The court explained that the statute of limitations does not begin to run on any part of a plaintiff's claim until the "last overt act" pursuant to the conspiracy has been completed. ( Id. at 833.) "While a conspiracy is in existence, the statute of limitations will not begin to run until there is a cessation of the wrongful acts committed in furtherance of the conspiracy." ( Id. at 832.)