Read the following excerpt from a US court opinion:
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to appropriate its business opportunities. See Cal. Corp. Code § 16404(b); Leff, 33 Cal.3d at 514, 189 Cal.Rptr. 377, 658 P.2d 740. Second Measure’s request to dismiss Counterclaims 2 and 4 is therefore DENIED. 3. Breach of Fiduciary Duty (Counterclaim 5) a. Relevant Substantive Law To establish a breach of fiduciary duty, a plaintiff must show “(1) existence of a fiduciary duty; (2) breach of the fiduciary duty; and (3) damage proximately caused by the breach.” People ex rel. Harris v. Rizzo, 214 Cal.App.4th 921, 950, 154 Cal.Rptr.3d 443 (2013) (quotation omitted). Section 16404 of the California Corporations Code provides a nonexclusive list of the fiduciary duties that one partner owes to another. See Enea v. Superior Court, 132 Cal.App.4th 1559, 1565, 34 Cal.Rptr.3d 513 (2005) . Because fiduciary duties are imposed by
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What is the most suitable continuation to the opinion? Your options are:
A. holding that an error cannot be plain unless it is clear under current law quotation omitted
B. holding that the list is comprehensive but not exhaustive quotation and emphasis omitted
C. recognizing that a strong causal connection is required quotation omitted
D. holding that fela is comprehensive and also exclusive in respect of a railroads liability for injuries suffered by its employees while engaging in interstate commence quotation omitted
E. holding that competency is appropriately defined as the mental capacity to understand the nature of the death penalty and why it was imposed upon the convict emphasis added internal quotation marks omitted
Reply with [A, B, C, D, E] only.