When a demurrer is sustained without leave to amend, what is the test for a breach of fiduciary duty claim?
California, United States of America
The following excerpt is from Abatti v. Imperial Irrigation Dist., 266 Cal.Rptr.3d 26, 52 Cal.App.5th 236 (Cal. App. 2020):
When a demurrer is sustained without leave to amend, "we decide whether there is a reasonable possibility that the defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm. [Citations.] The burden of proving such reasonable possibility is squarely on the plaintiff." ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58 ( Blank ).)
3. Analysis
a. Breach of fiduciary duty claim
" The elements of a cause of action for breach of fiduciary duty are the
[266 Cal.Rptr.3d 76]
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