What is a breach of fiduciary duty by a trustee?

Useful Rulings on Breach of Fiduciary Duty by a Trustee

Recent Rulings on Breach of Fiduciary Duty by a Trustee

CHANDRA FORTIER, ET AL. VS MICHAEL LABERGE, ET AL.

Motion to Strike Defendant moves to the punitive damages claim asserted for breach of fiduciary duty. Here, the Court sustained the demurrer to the breach of fiduciary duty cause of action with leave to amend. Here too, Plaintiffs have not alleged sufficient facts for punitive damage under Civil Code section 3294. Therefore, the motion to strike is granted with leave to amend.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

CAROL ANN HOWARD AS TRUSTEE OF THE ANDREW MILLS TRUST VS ALBENCE & ASSOCIATES APC

As to Plaintiff's fifth cause of action for breach of fiduciary duty, sixth causes of action for elder abuse – financial, and eighth cause of action for gross negligence against all three Defendants, summary adjudication is granted. As to the fifth cause of action, Plaintiff alleges Defendants owed a fiduciary duty to the Trustee of the Trust as attorneys for Mr.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

IN RE: ESTHER BORJA IRREVOCABLE TRUST, DATED NOVEMBER 29, 2019

On October 14, 2020, Esther Borja (“Borja”) filed in this action her own Petition, which seeks termination of the Trust, interpretation of the duty report and to compel trustee to report, breach of fiduciary duty and removal of trustee, financial elder abuse, and Probate Code section 850 relief (the “Petition”).

  • Hearing

GEOFFREY BENNETT, AS ATTORNEY IN FACT FOR CLEAVES M. BENNETT, AND AS SUCCESSOR TRUSTEE OF THE CLEAVES M. BENNETT LIVING TRUST VS ELIZABETH CHAI-CHANG, ET AL.

Fourth Cause of Action (Breach of Fiduciary Duty). “The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, breach of fiduciary duty, and damages.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 820.) Defendant argues that this cause of action is barred by the statute of limitations. The statute of limitations for breach of fiduciary duty is three years or four years, depending on whether the breach is fraudulent or nonfraudulent.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

XERA HEALTH LLC VS SCHEELE

The essential elements of a breach of fiduciary duty claim (FAC count 3) are: (1) fiduciary duty; (2) breach of the duty; and (3) damage caused by the breach. (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 182; Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086.) "'[B]efore a person can be charged with a fiduciary obligation, he must either knowingly undertake to act on behalf and for the benefit of another, or must enter into a relationship which imposes that undertaking as a matter of law.'"

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

TERESITA ALBA INDIVIDUALLY AND AS TRUSTEE OF THE TERESITA A. ALBA TRUST DATED NOVEMBER 1, 2016, VS H&O UNIQUE CONSTRUCTION, INC. A CALIFORNIA CORPORATION, ET AL.

These facts are sufficient to state causes of action for breach of fiduciary duty and concealment.

  • Hearing

NGUYEN V. NGUYEN

Although Plaintiffs do not specify which claims are the “derivative claims,” the allegations in the Complaint demonstrate that the only derivative cause of action lies in a portion of the second cause of action for breach of fiduciary duty. See Grosset v.

  • Hearing

NEIGHBORS OF CHASE KNOLLS, ET AL. VS WK CK SHERMAN OAKS VENTURE, ET AL.

Next, the court does not find binding authority in the case on which Sherman Oaks relies, which discusses beneficiaries of a trust with respect to an action for an accounting or for a breach of fiduciary duty by a trustee. (See generally Hebbard v. Colgrove (1972) 28 Cal.App.3d 1017, 1026.) Sherman Oaks also demurs on grounds that the Complaint is uncertain as to whether the named Plaintiffs in the action are real parties in interest to the claims.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

WESTCOTT ENTERPRISES INC VS FEDERATED MUTUAL INSURANCE COMPANY

The basis for this ruling is set forth below. 3rd COA: BREACH OF FIDUCIARY DUTY "To avoid or discourage conduct which would thus frustrate realization of the [insurance] contract's principal benefit (i.e., peace of mind), special and heightened implied duties of good faith are imposed on insurers and made enforceable in tort.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

TOMMY YRIGOLLEN VS IRMA HERNANDEZ

Case Background On August 14, 2017 Plaintiff Tommy Yrigollen commenced this action against Defendant Irma Hernandez and Does, for: (1) Accounting. (2) Elder Abuse. (3) Breach of Fiduciary Duty. Following several continuances to the Final Status Conference and Trial, Plaintiff filed a Notice of Death indicating the death of Plaintiff Tommy Yrigollen on December 30, 2019. On March 11, 2020, at a Final Status Conference, Counsel informed the court of the death of the Defendant, Irma Hernandez.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

WESTCOTT ENTERPRISES INC VS FEDERATED MUTUAL INSURANCE COMPANY

The basis for this ruling is set forth below. 3rd COA: BREACH OF FIDUCIARY DUTY "To avoid or discourage conduct which would thus frustrate realization of the [insurance] contract's principal benefit (i.e., peace of mind), special and heightened implied duties of good faith are imposed on insurers and made enforceable in tort.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

DAVID CARTER VS ZUMA PARTNERS F I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

The operative pleading is the First Amended Complaint (“FAC”) filed on April 1, 2020, alleging causes of action for (1) declaratory relief, (2) breach of contract, (3) breach of fiduciary duty, (4) conversion, (5) violation of Penal Code section 496, and (6) unjust enrichment, and seeking the remedy of injunctive relief. The Complaint alleges in pertinent part as follows.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

TRINA ALLEN VS MATTHEW SHEPHERD, ET AL.

procedural history Allen filed the Complaint on February 13, 2020, alleging seven causes of action: Declaratory relief Contractual breach of good faith and fair dealing Accounting Unfair business practices (B&P §§ 17200) Rescission Breach of fiduciary duty Injunctive relief Allen filed the FAC on May 20, 2020, alleging four causes of action: Wrongful foreclosure Breach of good faith and fair dealing Unfair business practices Declaratory relief Shepherd filed the present Demurrer on July 6, 2020

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ROSA HERRERA VS JOSE ONTIVEROS JR, ET AL.

Additionally, courts have treated a request for constructive trust as a cause of action: “[a] cause of action for constructive trust is not based on the establishment of a trust, but consists of fraud, breach of fiduciary duty or other act which entitles the plaintiff to some relief. Relief, in a proper case, may be to make the defendant a constructive trustee with a duty to transfer to the plaintiff.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

NICOLE MAYS VS MORTGAGE MANAGEMENT CONSULTANTS, INC., ET AL.

On October 28, 2020, Plaintiff filed the second amended complaint for wrongful foreclosure, fraudulent misrepresentation, negligent misrepresentation, negligence (fourth cause of action), unfair business practices, promissory estoppel, cancellation of instruments, conversion, negligence (ninth cause of action), negligence (tenth cause of action), professional negligence (eleventh cause of action), and breach of fiduciary duty.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

NICOLE MAYS VS MORTGAGE MANAGEMENT CONSULTANTS, INC., ET AL.

On October 28, 2020, Plaintiff filed the second amended complaint for wrongful foreclosure, fraudulent misrepresentation, negligent misrepresentation, negligence (fourth cause of action), unfair business practices, promissory estoppel, cancellation of instruments, conversion, negligence (ninth cause of action), negligence (tenth cause of action), professional negligence (eleventh cause of action), and breach of fiduciary duty. RULING: Moot.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

GARCIA VS GARCIA

In addition, Defendants have not satisfied their burden of establishing the applicability of the cited code section, and whether a sufficient "notification" was served by the trustee "pursuant to this chapter." Prob. Code 16061.8. 2nd COA: BREACH OF FIDUCIARY DUTY The elements of a claim for breach of fiduciary duty are: (1) the existence of a fiduciary relationship, (2) its breach, and (3) damage proximately caused by that breach. Mendoza v. Continental Sales Co. (2006) 140 Cal. App. 4th 1395, 1405.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FOREST SMITH, INDIVIDUALLY AND AS TRUSTEE OF THE FOREST G. SMITH IV REVOCABLE LIVING TR, ET AL. VS BLAIR STOVER

It does not apply, however, to the fourth cause of action for breach of fiduciary duty, which includes allegations, not merely that the 2010 contract was fraudulently induced, but that Stover thereafter solicited unwarranted capital contributions which he then misappropriated for his personal use, as well as allegations that he failed to disclose information about the financial condition of the companies and failed to make distributions when they were warranted. (Complaint ¶ 67.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GARCIA VS GARCIA

In addition, Defendants have not satisfied their burden of establishing the applicability of the cited code section, and whether a sufficient "notification" was served by the trustee "pursuant to this chapter." Prob. Code 16061.8. 2nd COA: BREACH OF FIDUCIARY DUTY The elements of a claim for breach of fiduciary duty are: (1) the existence of a fiduciary relationship, (2) its breach, and (3) damage proximately caused by that breach. Mendoza v. Continental Sales Co. (2006) 140 Cal. App. 4th 1395, 1405.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SEELEY VS ZENITH HOLMES LLC HEARING RE: DEMURRER TO 4TH AMENDED COMPLAINT OF KENNETH SEELEY BY INTEGRITY ESCROW INC, SHU LUU HOANG

of fiduciary duty of the Escrow Defendants, which were all part of the Real Estate Fraud Scheme

  • Hearing

THE VIOLA E COX TRUST ET AL VS VERNA MONDON ET AL

Proposed First Cause of Action The proposed first cause of action is for third party participation in breach of fiduciary duty. At ¶ 36, the 2AC alleges that Morff conspired with Mondon to conceal Trust funds from the Trustee until they agreed to pay Mondon for services Mondon allegedly rendered under the Power of Attorney, even though there is no payment provision under the Power of Attorney. Plaintiff fails to make a prima facie showing of conspiracy to breach a fiduciary duty.

  • Hearing

KEVIN RUSSELL NARY, ET AL. V. MARICEL GABRIELA HINES, ET AL.

interference with prospective economic advantage; (4) negligence; (5) trespass; (6) nuisance; (7) breach of contract; and (8) breach of fiduciary duty.

  • Hearing

AKIRA KOKUBU VS TAKASHI SUDO, ET AL.

The Sudo FAXC asserts causes of action for (1) breach of fiduciary duty, (2) fraud – concealment, (3) conspiracy to commit fraud, (4) equitable estoppel, (5) voidable transfer – Civil Code section 34349.04, (6) breach of contract, (7) unjust enrichment, and (8) accounting. The Sudo FAXC repeats the same factual allegations contained in the SAC.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

COLIN MCCLINTOCK VS HENRY GEORGE BRENNAN, ET AL.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges financial elder abuse, breach of fiduciary duty, and negligence based on Defendants’ exercise of undue influence over his father, decedent Robert Alexander McClintock Jr. when he executed a durable power of attorney naming Defendant H. George Brennan as his agent. H. George Brennan has cross-complained for indemnification from Plaintiff based on the power of attorney.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

GUOJI ZHANG VS TIFEI GUO

Breach of Fiduciary Duty (4th Cause of Action) The elements for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) breach of the duty; and (3) damage caused by the breach. (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 182; Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086.) A fiduciary duty is founded upon a special relationship imposed by law or under circumstances in which “confidence is reposed by persons in the integrity of others” who voluntarily accept the confidence.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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