What are the elements of a breach of fiduciary duty action?

California, United States of America


The following excerpt is from Allison v. Nat'l Med. Ventures, Inc., H040411 (Cal. App. 2016):

"The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, breach of fiduciary duty, and damages." (Oasis, supra, 51 Cal.4th at p. 820.) "The allegation of a fiduciary relationship must be supported by either a contract or a relationship that imposes it as a matter of law. [Citation.]" (Berryman v.

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