California, United States of America
The following excerpt is from Sarnecky v. Fid. Nat'l Title Co., D064968 (Cal. App. 2015):
" 'The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, its breach, and damage proximately caused by that breach. [Citation.] Whether a fiduciary duty exists is generally a question of law. [Citation.] Whether the defendant breached that duty towards the plaintiff is a question of fact.' " (Marzec v. California Public Employees Retirement System (2015) 236 Cal.App.4th 889, 915, italics omitted.)
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