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Fiduciary Duties

Duty of Highest Good Faith and Fair Dealing

In California, spouses owe each other a fiduciary duty of the highest good faith and fair dealing, and neither made take unfair advantage of the other. This duty is based on the inherent relationship of trust and confidence that exists during marriage, and the duty continues even after separation while a divorce case is being processed. Any transaction that is determined to violate this duty may be set aside, and the offending spouse may be ordered to pay damages, sanctions and attorney's fees to the other spouse. 

Damages for Breach of Duty

California imposes stringent damages remedies, sanctions and attorney's fees against a spouse who breaches his or her fiduciary duties to the other spouse. A transfer of property ownership or other transaction that results from undue influence or another form of breach may be set aside, and concealed assets or other property may be forfeited to the other spouse. The severe penalties can include valuation of the asset at the highest value at the date of the breach of the fiduciary duty, the date of the sale or the date of the court's award. 

Handling Breach of Duty Claims

Our attorneys collectively have decades of experience in handling claims for breach of fiduciary duty and corresponding damages claims. This practice area requires thorough investigation and discovery, careful preparation for courtroom proceedings and strong negotiating skills. We have the necessary expertise to excel in this challenging and potentially high-conflict practice area.