What is the test for a cause of action for breach of fiduciary duty?
California, United States of America
The following excerpt is from Steven C. Kim & Assocs. v. Kim, B236670 (Cal. App. 2013):
To establish a cause of action for breach of fiduciary duty, the complaining party must produce evidence showing: (1) the existence of a fiduciary duty; (2) the breach of that duty; and (3) damage proximately caused by that breach. (Mosier v. Southern California Physicians Ins. Exchange (1998) 63 Cal.App.4th 1022, 1044.)
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