Emrani vs Goodman MD

Defendant Aaron Goodman, M.D.'s demurrer to complaint is sustained without leave to amend. 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. Nixen (1971) 6 Cal.3d 195, 200 [98 Cal.Rptr. 849, 491 P.2d 433] [elements of cause of action for professional negligence].) 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. (Pierce v. Lyman (1991) 1 Cal.App.4th 1093, 1101 [3 Cal.Rptr.2d 236].)

Stanley, 35 Cal.App.4th at 1086.

The c........