What is the test for establishing a fiduciary relationship between a plaintiff and her employer?

The terms of the agreement and the circumstances in this case appear rather unremarkable. Plaintiffs have not pleaded any facts suggesting that they were vulnerable to improper exploitation by Linvatec. See City of Hope, 43 Cal. 4th at 389 ("With respect to [the plaintiff's] claim that it reposed trust and confidence in [the defendant,] we note that '[e]very contract requires one party to repose an element of trust and confidence in the other to perform.'" (quoting Wolf v. Superior Court, 107 cal. App. 4th 25, 31 (2003)). Thus, Plaintiffs have provided no justification for, as a matter of law, "elevat[ing] a contractual relationship to a fiduciary one." See Portney, 2008 WL 5505517, at *4.

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