What is the test for determining whether a breach of fiduciary duty was a legal cause of damage to appellant?

California, United States of America


The following excerpt is from Stanley v. Richmond, 35 Cal.App.4th 1070, 41 Cal.Rptr.2d 768 (Cal. App. 1995):

The only remaining question is whether there was sufficient evidence, either disputed or undisputed, that the alleged breaches of fiduciary duty or professional negligence were legal causes of damage to appellant. (See Lysick v. Walcom (1968) 258 Cal.App.2d 136, 153, 65 Cal.Rptr. 406.) It is plaintiff's burden to establish " 'a reasonable basis for the conclusion that it was more likely than not that the conduct of the defendant was a substantial factor in the result.' " (Ibid.) We conclude that appellant's evidence is sufficient to raise questions of fact under this standard of causation.

Other Questions


Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
Is a cause of action for damages for bad faith, breach of contract, and legal malpractice a transitory cause? (California, United States of America)
In what circumstances have courts found no good cause for delay in determining whether there was good cause to delay in making a claim for damages? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
What is the test for determining whether a plaintiff's financial condition is to be considered a factor in determining whether to award punitive damages? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a public entity was responsible for the damage caused by the flooding of the Amador River? (California, United States of America)
What is the test for determining whether a defendant's financial condition is to be considered a factor in determining punitive damages? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.