What are the elements of a breach of fiduciary duty action?

The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, its breach, and damage proximately caused by that breach. [Citation.] Whether a fiduciary duty exists is generally a question of law. [Citation.] Whether the defendant breached that duty towards the plaintiff is a question of fact. (Amtower v. Photon Dynamics, Inc.(2008) 158 Cal.App.4th 1582, 1599, 71 Cal.Rptr.3d 361.)