What are the elements of a breach of fiduciary duty?
California, United States of America
The following excerpt is from O'DONNELL v. ALLEN., B213420, No. NC034977 (Cal. App. 2010):
"[A] breach of fiduciary duty is a species of tort distinct from a cause of action for professional negligence. [Citations.] The elements of a cause of action for breach of fiduciary duty are: (1) existence of a fiduciary duty; (2) breach of the fiduciary duty; and (3) damage proximately caused by the breach. [Citation.]" (Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086.)
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