What is a breach of fiduciary duty?

Useful Rulings on Professional Negligence – Breach of Fiduciary Duty

Rulings on Professional Negligence – Breach of Fiduciary Duty

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US CONSTRUCTION LAW APC VS KINDER

Cross-Defendants contend that the breach of fiduciary duty cause of action is duplicative of the professional negligence cause of action. As discussed in the demurrer, although the breach of fiduciary duty and professional negligence causes of action are based on the same facts, those causes of action overlap and the facts support both claims to some extent. Contrary to Cross-Defendants' contention, the cross-complaint does allege breach of the duty of loyalty.

  • Hearing

    Oct 20, 2016

  • Type

    Contract

  • Sub Type

    Breach

EMRANI VS GOODMAN MD

The First Amended Complaint alleges two causes of action against Goodman – Medical Malpractice and Breach of Fiduciary Duty/Lack of Informed Consent. Goodman demurrers only to the cause of action for Breach of Fiduciary Duty/Lack of Informed Consent. Stanley v. Richmond (1995) 35 Cal.App.4th 1070 explains, a breach of fiduciary duty is a species of tort distinct from a cause of action for professional negligence. (Barbara A. v. John G. (1983) 145 Cal.App.3d 369, 382-383 [193 Cal.Rptr. 422]; cf. Budd v.

  • Hearing

    Feb 27, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LORI HOEFT VS RASTEGAR LAW GROUP, APC

The case concerns allegations of professional negligence, as well as claims for sexual misconduct. The complaint alleges the following causes of action: 1) Sexual Harassment in Defined Relationship; 2) Sexual Battery; 3) Ralph Act - Gender Violence; 4) Professional Negligence; 5) Breach of Fiduciary Duty; and 6) Fraud/Concealment.

  • Hearing

    Dec 21, 2017

FRITSCH VS. NORTHWESTERN MUTUAL LIFE INS. CO.

In support of his 3rd Cause of Action for Professional Negligence and his 4th Cause of Action for Breach of Fiduciary Duty, plaintiff incorporates his allegations in paragraphs 5 and 17 that defendant’s answer for plaintiff on his 2003 insurance application, that plaintiff had not been treated for an eye disorder, was accurate and reasonable. Plaintiff makes no other specific factual allegations that could constitute professional negligence or a breach of fiduciary duty.

  • Hearing

    Sep 28, 2017

THERRIEN VS. CHRISTIE

Fifth COA (Breach of Fiduciary Duty): The Cross-Complaint adequately alleges facts to support a cause of action for breach of fiduciary duty. (Cross-Complaint, ¶¶ 26-29.) Thus, the demurrer to the fifth cause of action is overruled. Sixth COA (Concealment): The Cross-Complaint fails to adequately allege the specific “concealed facts.” (See Cross-Complaint, ¶ 33.)

  • Hearing

    Apr 10, 2018

THERRIEN VS. CHRISTIE

Fifth COA (Breach of Fiduciary Duty): The Cross-Complaint adequately alleges facts to support a cause of action for breach of fiduciary duty. (Cross-Complaint, ¶¶ 26-29.) Thus, the demurrer to the fifth cause of action is overruled. Sixth COA (Concealment): The Cross-Complaint fails to adequately allege the specific “concealed facts.” (See Cross-Complaint, ¶ 33.)

  • Hearing

    Apr 10, 2018

XUE LENG GARD VS ANGELA WALLACE ET AL

On May 15, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) fraud, (2) breach of fiduciary duty, (3) negligence, (4) fraud, (5) breach of fiduciary duty, (6) professional negligence, (7) civil conspiracy to defraud, (8) professional negligence, (9) professional negligence, (10) negligence, and (11) negligence. Defendants Julias Stewart and Stewart-Reed Law Group, Inc. demur to the ninth cause of action for uncertainty and failure to state sufficient facts.

  • Hearing

    Nov 01, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

EMRANI VS GOODMAN MD

The complaint alleges two causes of action against Goodman – Medical Malpractice and Breach of Fiduciary Duty. Goodman demurrers to the cause of action for Breach of Fiduciary Duty. As Stanley v. Richmond (1995) 35 Cal.App.4th 1070 explains, a breach of fiduciary duty is a species of tort distinct from a cause of action for professional negligence. (Barbara A. v. John G. (1983) 145 Cal.App.3d 369, 382-383 [193 Cal.Rptr. 422]; cf. Budd v.

  • Hearing

    Oct 03, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

US CONSTRUCTION LAW APC VS KINDER

Cross-Defendants demur to the causes of action for professional negligence, breach of contract, breach of fiduciary duty and general negligence on the grounds of uncertainty (CCP §430.10(f)) and fails to state sufficient facts to constitute the cause of action (CCP §430.10(e)). None of the causes of action are uncertain.

  • Hearing

    Oct 20, 2016

  • Type

    Contract

  • Sub Type

    Breach

KEITH BEVERLY ET AL VS. RAISKIN & REVITZ, PARTNERSHIP OF CALIFORNIA PRO ET AL

The claim for breach of fiduciary duty is wholly duplicative of the claim for professional negligence. To state a claim for breach of fiduciary duty separate from a claim for professional negligence, plaintiffs must allege a breach of some fiduciary duty other than the duty to provide competent legal services.

  • Hearing

    Apr 27, 2016

MICHAEL CARROLL VS KEVIN GERRY

Gerry argues that breach of these duties constitute professional negligence do not give rise to an action for breach of fiduciary duty.

  • Hearing

    Jan 09, 2012

JACQUELINE MISHO VS JAMES MARINO

Defendant answered the complaint with a general denial and cross-complained against plaintiff for breach of contract, breach of fiduciary duty, and professional negligence, claiming that plaintiff billed excessively and for unnecessary work. On April 1, 2014, the Court sustained plaintiff’s demurrer to the breach of contract and professional negligence claims without leave to amend, leaving the breach of fiduciary duty claim as the only remaining cross-claim.

  • Hearing

    Apr 15, 2014

GILL V. FRESNO COMMUNITY REGIONAL CENTER

The remaining causes of action in the Fourth Amended Complaint are: 1) Corporate Negligence (Elam); 2) Negligence Per Se; 3) Breach of Fiduciary Duty; 4) Professional Negligence; and 5) Loss of Consortium. The Chaudhry Defendants request is different, and their motion leaves some questions unanswered as to what exactly is proposed.

  • Hearing

    Sep 18, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALLEN LETGOLTS ET AL VS SCOTT MARKS ET AL

Therefore, Defendant Engstrom’s demurrer to the first cause of action for professional negligence in the SAC is SUSTAINED. 2. Third Cause of Action – Breach of Fiduciary Duty “The elements of a cause of action for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) the breach of that duty; and (3) damage proximately caused by that breach.” (Mosier v. Southern California Physicians Insurance Exchange (1998) 63 Cal.App.4th 1022, 1044.)

  • Hearing

    Jan 13, 2017

  • County

    Los Angeles County, CA

WHOLISTIC INVESTMENTS, LLC V. ROGOWAY

Second Cause of Action for Breach of Fiduciary Duty Defendants contend that the cause of action for breach of fiduciary duty fails because the alleged wrongdoing is mere negligence, not something more egregious or different which would amount to breach of a fiduciary duty.

  • Hearing

    Oct 22, 2019

  • Judge

    Ksenia Tsenin for the Hon. Patrick M. Broderick

  • County

    Sonoma County, CA

SCOT RICHARDSON VS RICHARD TAYLOR ET AL

On May 1, 2014, Richardson filed his original complaint against defendants asserting two causes of action: (1) professional negligence; and, (2) breach of fiduciary duty. Defendants demurred to Richardson’s original complaint. On July 21, 2014, the court sustained the demurrer, with leave to amend as to the second cause of action, for breach of fiduciary duty, and overruled the demurrer as to the first cause of action, for professional negligence.

  • Hearing

    Dec 01, 2014

XUE LENG GARD VS ANGELA WALLACE ET AL

Plaintiff filed a complaint against Defendants alleging causes of action for: (1) fraud; (2) breach of fiduciary duty; (3) negligence; (4) fraud; (5) breach of fiduciary duty; (6) professional negligence; (7) civil conspiracy to commit fraud; (8) professional negligence; (9) professional negligence; (10) negligence; and (11) negligence.

  • Hearing

    Sep 10, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MCCLANAHAN VS FELDMAN

The breach of fiduciary duty claim is not duplicative of the legal malpractice claim. A breach of fiduciary duty is a species of tort distinct from a cause of action for professional negligence. (Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086) Plaintiff has alleged sufficient facts for both the medical malpractice claim based on failure to file suit with the statute of limitations and breach of fiduciary duty in concealing the loss of the claim and dismissal of the case.

  • Hearing

    Jan 25, 2017

  • Type

    Other

  • Sub Type

    Intellectual Property

MCCLANAHAN VS FELDMAN

The breach of fiduciary duty claim is not duplicative of the legal malpractice claim. A breach of fiduciary duty is a species of tort distinct from a cause of action for professional negligence. (Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086) Plaintiff has alleged sufficient facts for both the medical malpractice claim based on failure to file suit with the statute of limitations and breach of fiduciary duty in concealing the loss of the claim and dismissal of the case.

  • Hearing

    Jan 25, 2017

  • Type

    Other

  • Sub Type

    Intellectual Property

MCCLANAHAN VS FELDMAN

The breach of fiduciary duty claim is not duplicative of the legal malpractice claim. A breach of fiduciary duty is a species of tort distinct from a cause of action for professional negligence. (Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086) Plaintiff has alleged sufficient facts for both the medical malpractice claim based on failure to file suit with the statute of limitations and breach of fiduciary duty in concealing the loss of the claim and dismissal of the case.

  • Hearing

    Jan 25, 2017

  • Type

    Other

  • Sub Type

    Intellectual Property

EVANS VS TAHVILDARI

The demurrer to the equitable indemnity, contribution, breach of fiduciary duty and professional negligence causes of action is SUSTAINED WITH LEAVE TO AMEND. Cross-Complainants shall file and serve their First Amended Cross-Complaint no later than March 8, 2019.

  • Hearing

    Feb 21, 2019

  • Type

    Contract

  • Sub Type

    Breach

XUE LENG GARD VS ANGELA WALLACE ET AL

On May 15, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) fraud, (2) breach of fiduciary duty, (3) negligence, (4) fraud, (5) breach of fiduciary duty, (6) professional negligence, (7) civil conspiracy to defraud, (8) professional negligence, (9) professional negligence, (10) negligence, and (11) negligence. Defendant Angela Wallace moves to quash service of summons. Defendant argues the summons does not comply with Code Civ.

  • Hearing

    Dec 18, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MANUEL HUITRON VS EDWARD A. TORRES, ET AL.

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.)

  • Hearing

    Jul 19, 2019

  • County

    Los Angeles County, CA

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

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

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