“The elements of a cause of action for breach of fiduciary duty are:
Tribeca Companies, LLC v. First American Title Ins. Co. (2015) 239 Cal.App.4th 1088, 1114; see also Apollo Capital Fund LLC v. Roth Capital Partners, LLC (2007) 158 Cal.App.4th 226, 244.
“Whether a fiduciary duty exists is generally a question of law. Whether the defendant breached that duty towards the plaintiff is a question of fact.” Marzec v. Public Employees’ Retirement Sys. (2015) 236 Cal.App.4th 889, 915 (internal citation omitted).
The breach of fiduciary duty can be based upon either negligence or fraud, depending on the circumstances. Salahutdin v. Valley of California, Inc. (1994) 24 Cal.App.4th 555, 563; see also Federal Deposit Ins. Corp. v. McSweeney (1991) 772 F.Supp. 1154, 1157. A breach of fiduciary duty claim is a species of tort distinct from a cause of action for professional negligence. Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086.
A fiduciary relationship can arise when confidence is reposed by persons in the integrity of others, and if the latter voluntarily accepts or assumes to accept the confidence, he or she may not act so as to take advantage of the other’s interest without that person’s knowledge or consent. Slovensky v. Friedman (2006) 142 Cal.App.4th 1518, 1534; Pierce v. Lyman (1991) 1 Cal.App.4th 1093, 1101–1102.
“Before 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.” City of Hope Nat. Medical Center v. Genentech, Inc. (2008) 43 Cal.4th 375, 386
Significantly, “the essence of a fiduciary... relationship is that the parties do not deal on equal terms because the person in whom trust and confidence is reposed and who accepts that trust and confidence is in a superior position to exert unique influence over the dependent party.” Brown v. Wells Fargo Bank, NA (2008) 168 Cal.App.4th 938, 960.
“The elements of a claim for aiding and abetting a breach of fiduciary duty are:
Nasrawi v. Buck Consultants, LLC (2014) 231 Cal.App.4th 328, 343; see also, American Master Lease, LLC v. Idanta Partners, Ltd. (2014) 225 Cal.App.4th 1451, 1477-1478 (where the defendant has actual knowledge of the fiduciary duties one person owes to another and provides the fiduciary with substantial assistance in breaching those duties, the defendant can be held liable for aiding and abetting a breach of fiduciary duty even though the defendant did not owe a fiduciary duty to the plaintiff).
“[A] breach of a fiduciary duty alone without malice, fraud or oppression does not permit an award of punitive damages. Punitive damages are appropriate if the defendant’s acts are reprehensible, fraudulent or in blatant violation of law or policy. The mere carelessness or ignorance of the defendant does not justify the imposition of punitive damages.” Scott v. Phoenix Schools, Inc., 175 Cal.App.4th 702, 715-716 (2009) (internal quotation and citations omitted).
Breach of fiduciary duty has been applied in many contexts. Here are a few.
Feb 02, 2021
Kern County, CA
Feb 02, 2021
Stanislaus County, CA
Jan 26, 2021
Stanislaus County, CA
Jan 20, 2021
Butte County, CA
Jan 20, 2021
Butte County, CA
Dec 30, 2020
Butte County, CA
Dec 29, 2020
Butte County, CA
Dec 21, 2020
Stanislaus County, CA
Dec 17, 2020
Stanislaus County, CA
Dec 17, 2020
Stanislaus County, CA
Dec 17, 2020
Stanislaus County, CA
Dec 08, 2020
Stanislaus County, CA
Dec 02, 2020
Stanislaus County, CA
Dec 02, 2020
Stanislaus County, CA
Nov 12, 2020
Placer County, CA
Oct 26, 2020
Stanislaus County, CA
Oct 22, 2020
Placer County, CA
Oct 21, 2020
Butte County, CA
Oct 21, 2020
Butte County, CA
Oct 21, 2020
Butte County, CA
Oct 21, 2020
Butte County, CA
Oct 06, 2020
Butte County, CA
Sep 30, 2020
Butte County, CA
Sep 17, 2020
Stanislaus County, CA
Sep 17, 2020
Stanislaus County, CA
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