What are the elements of a cause of action for breach of fiduciary duty?

^4. The elements of a cause of action for negligence are: (1) the existence of a duty to exercise due care; (2) breach of that duty; (3) causation; and (4) damages. (Merrill v. Navegar, Inc., supra, 26 Cal.4th at p. 500.)

^5. "'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.'" (Gutierrez v. Girardi (2011) 194 Cal.App.4th 925, 932.)

^6. Civil Code section 2079.2 provides: "The standard of care owed by a broker under this article is the degree of care that a reasonably prudent real estate licensee would exercise and is measured by the degree of knowledge through education, experience, and examination, required to obtain a license . . . ." A broker's and its agent's fiduciary duty is greater than the negligence standard of care of a broker, codified in Civil Code section 2079.2. (Michel v. Moore & Associates, Inc., supra, 156 Cal.App.4th at p. 762.) "Thus, a broker can be professionally competent under [Civil Code] section 2079 without satisfying the greater duty of a trusted fiduciary." (Ibid.)