What is a breach of fiduciary duty?

Useful Rulings on Professional Negligence – Breach of Fiduciary Duty

Recent Rulings on Professional Negligence – Breach of Fiduciary Duty

226-250 of 785 results

MALINZHU JIA VS. QI WANG, ET AL

The complaint, filed April 19, 2018, alleges causes of action for: (1) fraud – intentional misrepresentation; (2) negligent misrepresentation; (3) fraud – concealment; (4) fraud – promise without intent to perform; (5) constructive fraud; (6) breach of fiduciary duty; (7) breach of contract; (8) breach of implied good faith and fair dealing; (9) conversion; (10) unfair and unlawful business practices; (11) negligence; (12) professional negligence; (13) unauthorized practice of law; and (14) alter ego.

  • Hearing

    Mar 29, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ABEL V. MCCUTCHAN, JR.

As in other situations, “breach of fiduciary duty is a species of tort distinct from a cause of action for professional negligence.” Id., 1086. The duty includes a duty to inform a client of all information necessary to make an informed decision. Betts v. Allstate Ins. Co. (1984) 154 Cal.App.3d 688, 716. As plead, this cause of action for breach of fiduciary duty is based on conduct different from malpractice and is sufficient to support a cause of action for breach of fiduciary duty.

  • Hearing

    Mar 26, 2019

LYDIARD FILMS ET AL VS OFFICE UPRISING LLC ET AL

On December 13, 2018, Defendants filed a Cross-Complaint against Cross-Defendants Sean Lydiard, dba Lydiard Films/Rubmle Riot Pictures and Michelle Seanez dba Seanez Legal for the following causes of action: Breach of written contract Breach of oral contract Inducement of breach of written contract Breach of fiduciary duty Breach of fiduciary duty of attorney Inducement of breach of fiduciary duty Promissory fraud Intentional misrepresentation Fraudulent concealment Negligence Professional negligence

  • Hearing

    Mar 25, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MICHELLE SEANEZ VS GIULIA PRENNA ET AL

On October 1, 2018, Defendants filed a Cross-Complaint against Cross-Defendants Michelle Seanez d/b/a Seanez Legal, Sean Lydiard, d/b/a Lydiard Films/Rubmle Riot Pictures for the following causes of action: Breach of written contract Breach of oral contract Inducement of breach of written contract Breach of fiduciary duty Breach of fiduciary duty of attorney Inducement of breach of fiduciary duty Promissory fraud Intentional misrepresentation Fraudulent concealment Negligence Professional negligence

  • Hearing

    Mar 25, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LUCIA SENDA VS FELIPE SANTIAGO MORALES ET AL

On February 1, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) legal malpractice; (2) breach of fiduciary duty; (3) constructive fraud; and (4) concealment. Plaintiff’s FAC was filed in response to the Court sustaining Defendants’ demurrer to the third cause of action for fraud and fourth cause of action for concealment in Plaintiff’s complaint.

  • Hearing

    Mar 25, 2019

CHRISTOPHER MARTINEZ VS PETER M STEINBERG A LAW CORP ET AL

On February 1, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) legal malpractice; (2) breach of fiduciary duty; (3) constructive fraud; and (4) concealment. Plaintiff’s FAC was filed in response to the Court sustaining Defendants’ demurrer to the third cause of action for fraud and fourth cause of action for concealment in Plaintiff’s complaint.

  • Hearing

    Mar 25, 2019

346 VERMONT ASSOCIATES LLC VS COMMERCIAL PROPERTY MANAGEMENT

On January 12, 2017, Plaintiff filed the operative First Amended Complaint which alleges causes of action for: (1) fraudulent concealment; (2) negligent misrepresentation; (3) violation of RICO; (4) breach of fiduciary duty; (5) constructive fraud; (6) professional negligence; (7) accounting; (8) money had and received; and (9) unjust enrichment.

  • Hearing

    Mar 25, 2019

FILIPPINI WEALTH MANAGEMENT INC ET AL VS MEISTER & NUNES PC ET AL

., Ian Filippini, and Alexandro Filippini filed their complaint (19CV00164) against Meister & Nunes, PC in this action, alleging causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3) constructive fraud, and (4) violation of Business & Professions Code section 17200, et seq. Each of the causes of action is maintained by all of the plaintiffs.

  • Hearing

    Mar 22, 2019

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

ALEXANDRIA CANTU VS WESTERN MERCHANDISE EXPRESS, INC., ET AL.

Fourth Cause of Action for Breach of Fiduciary Duty “‘The elements of a cause of action for breach of fiduciary duty are: (1) existence of a fiduciary duty; (2) breach of the fiduciary duty; and (3) damage proximately caused by the breach.’ [Citation.]” (Tribeca Companies, LLC v. First American Title Ins. Co. (2015) 239 Cal.App.4th 1088, 1114.) The breach of fiduciary duty can be based on either negligence or fraud. (Ibid.)

  • Hearing

    Mar 20, 2019

AMANDA CAST VS NATE KELLY

An attorney's breach of the duty to charge clients only fair, reasonable and conscionable fees can provide the basis for a breach of fiduciary duty action. (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 182). Here, Defendant argues that the Court should grant summary adjudication because Plaintiff’s breach of fiduciary duty claim is duplicative of a legal malpractice claim and because Plaintiff’s allegations are conclusory without evidentiary support.

  • Hearing

    Mar 19, 2019

346 VERMONT ASSOCIATES LLC VS COMMERCIAL PROPERTY MANAGEMENT

On January 12, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”), which alleges causes of action for: (1) fraudulent concealment; (2) negligent misrepresentation; (3) violation of RICO; (4) breach of fiduciary duty; (5) constructive fraud; (6) professional negligence; (7) accounting; (8) money had and received; and (9) unjust enrichment.

  • Hearing

    Mar 18, 2019

DEE ANN ABELAR ET AL VS JOHN R DINGILIAN M.D. ET AL

The fifth cause of action for breach of fiduciary duty is based on the same general duty of care owed a medical provider as the cause of action for professional negligence. (See Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1000.) The demurrer as to the fifth cause of action is therefore SUSTAINED WITHOUT LEAVE TO AMEND.

  • Hearing

    Mar 15, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DEE ANN ABELAR ET AL VS JOHN R DINGILIAN M.D. ET AL

The fifth cause of action for breach of fiduciary duty is based on the same general duty of care owed a medical provider as the cause of action for professional negligence. (See Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1000.) The demurrer as to the fifth cause of action is therefore SUSTAINED WITHOUT LEAVE TO AMEND.

  • Hearing

    Mar 15, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DIANE PETERS VS. MONA HILTON

Plaintiff's claims against Marinos for conversion, breach of fiduciary duty, financial elder abuse and professional negligence were tried to a jury. The jury found that Marinos was not liable for any of plaintiff's claims. ROA # 827 [Judgment on Special Verdict]. Plaintiff brought a motion for JNOV which was denied. ROA # 893. Marinos filed a memorandum of costs in the amount of $140,051.53. ROA # 831. Plaintiff moves to tax some of the costs.

  • Hearing

    Mar 14, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ELENORE MARIE HELENE MESTDAGH VS DALE AARON JONES

On December 13, 2018, Plaintiff filed the First Amended Complaint (“FAC”) asserting causes of action for: Professional Negligence Breach of Fiduciary Duty Fraudulent Misrepresentation Fraudulent Concealment; and Unfair Competition. The FAC also added Ajay Vidure, Kenneth W. Davis, Rodeo Realty, Inc., Lita Simel, Joseph Segal, Kingstone Properties, Inc., Chantey Key (“Key”), Aaron G. Leider, AGL Brentwood Inc. dba Keller Williams Brentwood (“Keller”), and Does 1 through 50 as Defendants.

  • Hearing

    Mar 11, 2019

  • Type

    Contract

  • Sub Type

    Breach

MARY ELLEN MORO ET AL VS LENNY ESMOND ET AL

breach of fiduciary duty; (16) conversion; (17) unjust enrichment; (18) professional negligence; (19) breach of duty to minority shareholders derivatively on behalf of Trustifi Canada; (20) professional negligence; (21) breach of fiduciary duty; (22) breach of fiduciary duty; (23) breach of duty to minority shareholders.

  • Hearing

    Mar 11, 2019

MARY ELLEN MORO ET AL VS LENNY ESMOND ET AL

breach of fiduciary duty; (16) conversion; (17) unjust enrichment; (18) professional negligence; (19) breach of duty to minority shareholders derivatively on behalf of Trustifi Canada; (20) professional negligence; (21) breach of fiduciary duty; (22) breach of fiduciary duty; (23) breach of duty to minority shareholders.

  • Hearing

    Mar 11, 2019

BLUM COLLINS LLP VS ELI SASSON

Blum Collins argues that in Sasson’s Answer, he asserts affirmative defenses of breach of fiduciary duty and professional negligence, which suggests that at the time of the filing of the Answer, Sasson was aware of the existence of the claims relating to excessive billing. In particular, Sasson’s sixteenth affirmative defense is based on the allegation that Blum Collins engaged in “overreaching, excessive billing, block billing and overcharging for services provided . . . .” (Answer, p. 4:20-24.)

  • Hearing

    Mar 05, 2019

JANE DOE VS JOHN V GAULE

Based on the foregoing, Plaintiff asserts causes of action for (1) Professional Negligence; (2) Breach of Fiduciary Duty; and (3) Intentional Infliction of Emotional Distress. Defendants now demur to the complaint. First Cause of Action: Professional Negligence: SUSTAINED, WITH LEAVE TO AMEND. “The failure to provide competent representation in a civil or criminal case may be the basis for civil liability under a theory of professional negligence.

  • Hearing

    Mar 04, 2019

O'LEARY VS QUINTRALL [IMAGED

Based on these allegations, the complaint asserts two causes of action against Peterson for (1) professional negligence; and (2) breach of fiduciary duty.

  • Hearing

    Feb 28, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

O'LEARY VS QUINTRALL [IMAGED

Based on these allegations, the complaint asserts two causes of action against Peterson for (1) professional negligence; and (2) breach of fiduciary duty.

  • Hearing

    Feb 28, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

VINCENT CALLENDER V. JESUS PEREZ, M.D. ET AL.

The Johnson Defendants demur to Plaintiff’s causes of action for intentional tort – conspiracy to defraud, intentional tort – falsification of medical records, breach of contract, intentional infliction of emotional distress, discrimination, interference with right to access to the court, and breach of fiduciary duty.

  • Hearing

    Feb 26, 2019

ANDREA GALANTE VS JOSHUA M FINE ET AL

BACKGROUND: Plaintiff Andrea Galante commenced this action on June 29, 2018 against Defendants Joshua Fine, et al. for: (1) professional negligence; (2) breach of oral contract; (3) breach of fiduciary duty; (4) deceit; (5) conversion. ANALYSIS: Demurrer This case arises out of Galante’s short sale of a duplex to avoid foreclosure.

  • Hearing

    Feb 25, 2019

ARCELI AVILA ET AL. VS CHILDREN'S DENTAL SURGERY CENTER,

Plaintiffs seek damages for medical negligence, breach of fiduciary duty, fraudulent concealment, lack of informed consent, and gross negligence.

  • Hearing

    Feb 21, 2019

MARCO LOPEZ VS. ELVA ARNAJO

The FAC asserts the following causes of action: (1) Quiet Title; (2) Permanent Injunction; (3) Professional Negligence; (4) Breach of Fiduciary Duty; (5) Intentional Misrepresentation; (6) Negligent Misrepresentation; (7) Unjust Enrichment; (8) Accounting; (9) Specific Performance; (10) Conspiracy to Defraud; (11) Rescission; and (12) Debt Collection Harassment.

  • Hearing

    Feb 21, 2019

  • Type

    Real Property

  • Sub Type

    Quiet Title

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