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

California, United States of America


The following excerpt is from Jones v. Goodman, 271 Cal.Rptr.3d 487, 57 Cal.App.5th 521 (Cal. App. 2020):

3 The elements of a cause of action for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) breach of that duty; and (3) damage proximately caused by the breach. (See Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1164, 155 Cal.Rptr.3d 755.) "The fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care ...." ( 16404, subd. (a).)

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