What are the elements of a cause of action for breach of fiduciary duty?
California, United States of America
The following excerpt is from Davis v. Fresno Unified Sch. Dist., 187 Cal.Rptr.3d 798, 237 Cal.App.4th 261 (Cal. App. 2015):
In litigation between private parties, the elements of a cause of action for breach of fiduciary duty are (1) the existence of a fiduciary duty, (2) a breach of the fiduciary duty, and (3) damage proximately caused by the breach. (Gutierrez v. Girardi (2011) 194 Cal.App.4th 925, 932, 125 Cal.Rptr.3d 210.) When a claim for breach of fiduciary duty is asserted against a public official by the Attorney General or
[187 Cal.Rptr.3d 822]
a taxpayer, the damage element can be satisfied by alleging the official obtained profits from the
[237 Cal.App.4th 294]
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