“Plaintiff claims that he was harmed by Defendant’s breach of the fiduciary duty of loyalty. [A/An] [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner] owes her [principal/client/corporation/partner] undivided loyalty. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant was Plaintiff’s [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner]; 2. That Defendant: knowingly acted against Plaintiff’s interests in connection with [e.g., “purchasing a residential property”] or acted on behalf of a party whose interests were adverse to Plaintiff in connection with [e.g., “purchasing a residential property”]; 3. That Plaintiff did not give informed consent to Defendant’s conduct; 4. That Plaintiff was harmed; and 5. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
