Is a breach of fiduciary duty a cause of action for professional negligence?

California, United States of America


The following excerpt is from Robins v. Kuhn, G043752, Super. Ct. No. 30-2008-00102173 (Cal. App. 2011):

"[A] breach of fiduciary duty is a species of tort distinct from a cause of action for professional negligence. [Citations.] 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.]" (Stanley v.

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Richmond (1995) 35 Cal.App.4th 1070, 1086.) Nevertheless, causation of damages is an element common to both causes of action for legal malpractice and breach of fiduciary duty. (See Wiley v. County of San Diego (1998) 19 Cal.4th 532, 536 [elements of legal malpractice include "proximate causal connection between breach and resulting injury"].) Because plaintiff's opening brief relies on the analysis in professional negligence cases, we will as well.

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