Vivian Torres Foldenauer Law Group
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People generally start a business with the best intentions and, in the beginning, all is often great. Much like a marriage, however, things sometimes turn sour. Business partnerships raise a special duty between the owners called a fiduciary duty, which incorporates the duty of care and the duty of loyalty. The duty of loyalty requires that the fiduciary act solely in the best interest of the partnership/business/employer/principal, free of any self-dealing, conflicts of interest, or other abuse of the principal for personal advantage. The duty of care holds the fiduciary to the standard of a person of ordinary care and skill, engaged in the type of activity in which the fiduciary is engaged. A breach of the fiduciary duty arises when the agent fails to act as a reasonably careful agent/broker/officer/partner would have acted under the same or similar circumstances.
Actions that may result in the breach of fiduciary duty include:
  • Conflicts of interest, such as starting a competing business or helping a business competitor
  • Commingling personal funds with that of the company
  • Using company property or assets for personal pursuits
  • Taking company opportunities for themselves
  • Thefts
  • Acceptance of secret commissions
  • Negligence
  • Mismanagement
  • Waste of corporate assets
The elements of a claim for breach of fiduciary duty are:
  • The existence of a fiduciary relationship;
  • Breach of the Fiduciary Duty; and
  • Damage proximately caused by that breach. Mendoza v. Continental Sales Co., 140 Cal. App. 4th 1395, 1405 (2006).
The attorneys of Foldenauer Law Group have successfully represented clients in enforcing and in defending against claims for breach of fiduciary duty throughout Southern California. Clients routinely turn to us when a business deal or partnership encounters problems, when complex business arrangements or negotiations are disrupted, when intellectual assets have been misappropriated, or when their interests are otherwise compromised. Our San Diego attorneys have experience representing clients as plaintiffs, defendants, counter-claimants, and counter-defendants in disputes through mediation, arbitration, and trial in state and federal courts. We consider litigation within the context of each client’s business and personal interests and consider the full range of issues facing each client, including managing business relationships and litigation costs, to develop a strategic approach to solving our client’s needs.

Everything Matters

Foldenauer Law Group has prosecuted many business disputes for our clients resulting in settlements and awards of millions of dollars. We have defended business owners and obtained “zero dollar” and “nuisance value” settlements. We have litigated cases resulting in early case dismissals and through jury or bench trial resulting in defense verdicts. We have built our success on nearly 30 years of combined experience and have a proven track-record. It’s no accident. We work exceptionally hard to obtain extraordinary results for our clients.

We are selective. We limit the number of cases we accept at any given time to ensure that our clients’ cases receive the extra time and effort needed to achieve extraordinary results.

To us – everything matters.


If you or your business are in need of a top-rated breach of fiduciary duty attorney, please call us today at (619) 564-8877. We will provide a free in-person consultation, listen to all of your questions and concerns, and will assist you or your business in developing a winning strategy. We look forward to earning your trust and the honor of being your attorneys. We also welcome case referrals and inquiries for co-counsel, local counsel, and consulting from other law firms in California and nationwide.

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