Kaushansky v. Stonecroft Attorneys, APC (2025)

Citation: Kaushansky v. Stonecroft Attorneys, APC (2025) 1.
Parent Document: Kaushansky v. Stonecroft Attorneys, APC (2025)
Jurisdiction: California (state)
Effective Date: 2025-03-14
Original Source: https://www.courtlistener.com/opinion/10356658/kaushansky-v-stonecroft-attorneys-apc/ ↗

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1.     Governing Law and Standard of Review
      “The elements of a cause of action for breach of fiduciary
duty are: (1) existence of a fiduciary duty; (2) breach of the
fiduciary duty; and (3) damage proximately caused by the breach.
[Citation.] [¶] The scope of an attorney’s fiduciary duty may be
determined as a matter of law based on the Rules of Professional
Conduct which, ‘together with statutes and general principles
relating to other fiduciary relationships, all help define . . . the
fiduciary duty which an attorney owes to his [or her] client.’”
(Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086
(Stanley).) Emotional distress damages may be recoverable if

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