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

California, United States of America


The following excerpt is from Heltebrake v. City of L. A., B279424 (Cal. App. 2018):

"'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.]" (Gutierrez v. Girardi (2011) 194 Cal.App.4th 925, 932.) Whether a breach of duty has occurred is a question of

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