Does plaintiff have a genuine issue of material fact to support her claim for breach of fiduciary duty?

California, United States of America


The following excerpt is from Andelson v. Neptune Mgmt. Corp., B271564 (Cal. App. 2018):

Nor has plaintiff raised a genuine issue of material fact to support defendants' liability for breach of fiduciary duty. Insofar as a provider of cremation services might owe a fiduciary duty to a decedent's family member, that duty would be limited to "properly prepar[ing] and dispos[ing] of [the decedent's] remains." (Wilson v. Houston Funeral Home (1996) 42 Cal.App.4th 1124, 1140.) Plaintiff does not claim defendants improperly prepared Father's remains, and we have concluded they transferred those remains for disposal in accordance with applicable law. It follows that there can be no merit to plaintiff's fiduciary duty cause of action.

3. Fraud cause of action

Other Questions


Is there a reasonable possibility that a plaintiff can amend their complaint to include a breach of fiduciary duty claim? (California, United States of America)
Does substantial evidence support a claim of breach of fiduciary duty? (California, United States of America)
Is Robert's claim for breach of contract and breach of fiduciary duty successful? (California, United States of America)
Is a plaintiff entitled to claim damages for expenses incurred as a result of a breach of fiduciary duty? (California, United States of America)
Can a plaintiff claim damages for breach of fiduciary duties as in bad faith refusal to pay insurance proceeds? (California, United States of America)
What is the test for a claim for breach of fiduciary duty? (California, United States of America)
Is a plaintiff's claim for damages arising from defendants' conduct "in connection with a public issue or issue of public interest"? (California, United States of America)
What is the evidence that supports a claim that the evidence supports the claim? (California, United States of America)
Is there any case law supporting a claim that defendants breached their duty of care by hiring Valdez? (California, United States of America)
What is the evidence that supports a claim that the evidence supports the claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.