What is the test for a finding of fiduciary malpractice against a trust?

California, United States of America

The following excerpt is from O'Neal v. Stanislaus Cnty. Employees' Ret. Ass'n, 214 Cal.Rptr.3d 591, 8 Cal.App.5th 1184 (Cal. App. 2017):

Appellants' complaint was initially dismissed on demurrer. (O'Neal v. Stanislaus County Employees' Retirement Association (Apr. 4, 2012, F061439) 2012 WL 1114677 [nonpub opn.] (O'Neal I ).) On appeal, we reversed. In our discussion, we made three observations relevant to this appeal. First, with respect to all four claims raised, we concluded the violation of a fiduciary duty resulting in harm to a trust's corpus was a sufficient injury to support a cause of action. In

[8 Cal.App.5th 1197]

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