Washington

Fiduciary Duty is Question of Law

The Supreme Court recited the general rule in Retired Pub. Employees Council of Wash. v. Charles, 148 Wn.2d 602; 62 P.3d 470 (2003):

After reviewing the trial court's findings of fact for substantial evidence, we determine whether the facts give rise to a fiduciary duty as a question of law. Our review is de novo. Hansen v. Friend, 118 Wn.2d 476, 479, 824 P.2d 483 (1992); S.H.C. v. Lu, 113 Wn. App. 511, 524, 54 P.3d 174 (2002), review denied, 149 Wn.2d 1011, 69 P.3d 874 (2003).