What is the test for a claim for breach of fiduciary duty?
California, United States of America
The following excerpt is from Guzman v. Peckson, B264039 (Cal. App. 2016):
To state a claim for breach of fiduciary duty, a plaintiff must plead "(1) existence of a fiduciary duty, (2) breach of the fiduciary duty, and (3) damage proximately caused by the breach." (Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086.)
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