Is there a reasonable possibility that a plaintiff can amend their complaint to include a breach of fiduciary duty claim?

We think this argument is likely to prevail on the merits. Indeed, the Berdans do not contest it. Instead, they argue only that they should have been given an opportunity to amend their complaint in order to allege a breach of fiduciary duty claim. However, the Berdans do not argue that such a claim would survive a statute of limitations challenge. We do not think it would. Generally, "[t]he statute of limitations for breach of fiduciary duty is three years or four years, depending on whether the breach is fraudulent or nonfraudulent." (American Master Lease LLC v. Idanta Partners, Ltd. (2014) 225 Cal.App.4th 1451, 1479.) Thus, the Berdans do not meet their burden of

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showing that there is "a reasonable possibility" that they could cure their time defects by amendment. (See Maxton v. Western States Metals (2012) 203 Cal.App.4th 81, 95-96.)