CALIFORNIA FAMILY LAW
...Community Property Issues
......Fiduciary Duty
.........Case Law
 24 Cards On This Topic:
  • H is under a fiduciary duty with respect to his wife's interest in the community property under his control and management.
  • One who receives the money of another to invest on that person's behalf becomes a fiduciary.
  • Requirements to impose a fiduciary obligation on a third party.
  • Since the son had control over his Mother's money, he was obliged to account for it.
  • Directors who act while under a conflict of interest must prove entire fairness of transaction—a test requiring them to demonstrate utmost good faith and the most scrupulous inherent fairness of transactions in which they possess personal interest.
  • H did not breach his fiduciary duty to W where he merely executed on a mutually agreed upon estate plan in contributing c/p to Cs' college funds and a related life insurance trust.
  • A creditor is not entitled to claim priority for a security interest extinguishing the preexisting security interest of a co-member by breaching a fiduciary duty owed.
  • By failing to make mortgage payments when he had the ability to do so and to cooperate with sale of residence, H breached his fiduciary duty to preserve a c/p asset.
  • Failure to keep promise to add spouse’s name to title is a breach of fiduciary duty rendering quit claim deed void.
  • H did not create a general partnership with W by naming her on a postseparation fictitious business statement; no breach of fiduciary duty.
  • Reference to discrete Corp. Code sections in Fam. Code §721 does not broaden a spouse’s duties and obligations to include those of officers and directors of a corporation.
  • W did not breach fiduciary duty by failing to disclose voluntarily the status of c/p IRA account from which she was making withdrawals for c/p expenses before 2002 amendment to Fam. Code §721.
  • Fiduciary duty extends to one spouse’s management of other spouse’s s/p.
  • Increased marital duty standards do not apply retroactively.
  • Good faith and fiduciary duties compared and defined.
  • Person controlling c/p after separation has duty to act to maximize its value.
  • H's use of S/P funds to make investment when C/P funds available is not a breach of fiduciary duty.
  • Duty of management and control defined by standards for trustees. Good faith not enough.
  • No fiduciary duty between merely cohabiting couples.
  • Parties may elect to terminate confidential relationship and deal at arm’s length.
  • Fiduciary duty cases.
  • Cases summarized elsewhere discussing aspects of fiduciary duty.
  • Actions held to be breach of fiduciary duty.
  • Actions held not to be breach of fiduciary duty


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