“Tort liability arises where a fiduciary owes a duty to another, breaches the duty, and that breach proximately causes damage. A fiduciary relationship ordinarily arises when: one party places trust in the integrity of another, who gains influence over the first as a result; one person has a duty to act for or give advice to another on matters falling within the scope of the relationship; or there is a specific relationship that has traditionally been recognized as involving fiduciary duties [e.g., agent and principal, lawyer and client]. The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, its breach and damage caused by that breach.”
“Subject to exceptions, the statute of limitations on a breach of fiduciary duty claim is four years. Where the essence of a claim is that defendant’s act constituted actual or constructive fraud, the claim is subject to CCP sec. 338’s three-year limitations period, even if pleaded as breach of fiduciary duty.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
