However, the same wrongful conduct can be a crime. Is breach of fiduciary duty a crime in California?Ī breach of a fiduciary is a civil claim and not a crime. Punitive damages are recoverable in breach of fiduciary duty cases when the fiduciary act with malice, oppression, or fraud. The most common damages for breach of fiduciary duty include the payment of money damages, attorney fees, and court costs. What damages are available for breach of fiduciary duty? In California, the courts dictate that violating fiduciary duties can be grounds for the aggrieved party to collect damages in a court of law. When fiduciaries do not uphold their duties, a fiduciary violation occurs.
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