Does a non-fiduciary owe a duty not to engage in constructive fraud?

A non-fiduciary as well as a fiduciary owes a duty not to engage in actual fraud, but only a fiduciary owes a duty not to engage in constructive fraud. [40 Cal.App.4th 1598] "Constructive fraud allows conduct insufficient to constitute actual fraud to be treated as such where the parties stand in a fiduciary relationship." (Estate of Gump (1991) 1 Cal.App.4th 582, 601, 2 Cal.Rptr.2d 269; accord, Salahutdin v. Valley of California, Inc.

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