What are the elements of a constructive trust action?
California, United States of America
The following excerpt is from Ehret v. Ichioka, 247 Cal.App.2d 637, 55 Cal.Rptr. 869 (Cal. App. 1967):
In an action for constructive trust one must plead facts constituting the cause of action, such as fraud, breach of fiduciary duty, etc.; and specifically identifiable property. (See Burke v. Maguire (1908) 154 Cal. 456, 469, 98 P. 21.) In the instant case, all of these necessary elements were adequately pled.
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