What are the legal remedies available to a fiduciary trustee who has been found in breach of his duty to the client?
California, United States of America
The following excerpt is from Meister v. Mensinger, 178 Cal.Rptr.3d 604, 230 Cal.App.4th 381 (Cal. App. 2014):
Where a breach of fiduciary duty occurs, a variety of equitable remedies are available, including imposition of a constructive trust, rescission, and restitution, as well as incidental damages. (Hicks v. Clayton (1977) 67 Cal.App.3d 251, 264, 136 Cal.Rptr. 512.) Judicial discretion to grant relief becomes judicial duty to grant it under some circumstances, and the grace which equity should bestow then becomes a matter of right. (Id. at p. 265, 136 Cal.Rptr. 512.)
We begin with the legal remedy of damages, before examining the various available equitable remedies.
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