to deal “honestly and openly” arose from the special relationship he fostered with plaintiffs over numerous years as their guru and spiritual counselor. It is well established that a fiduciary duty arises when one reposes faith, confidence, and trust in another’s judgment and advice. Van Brode Group, Inc. v. Bowditch & Dewey, 36 Mass.App.Ct. 509, 516, 633 N.E.2d 424 (internal quotations omitted),further appellate review denied, 418 Mass. 1105, 639 N.E.2d 1081 (1994). However, plaintiffs cite no Massachusetts cases, nor is the court aware of any, that recognize a fiduciary duty in the spiritual counseling context. It is true that some jurisdictions have acknowledged such a duty. See Martinelli v. Bridgeport Roman Catholic Diocesan Corp., 10 F.Supp.2d 138, 1998 WL 338213 (D.Conn.1998) (<HOLDING>); DeStefano v. Grabrian, 763 P.2d 275, 284
holding that first amendment barred consideration of negligent supervision claim against diocese for sexual relationship between adult parishioner and priest while the priest was counseling the parishioner in his position as a hospital chaplain holding that first amendment barred negligent supervision claim against a church regarding sexual relationship between adult parishioner and priest during the course of a marital counseling holding that first amendment barred adult parishioner who engaged in sexual relationship with priest during the course of pastoral counseling from bringing intentional infliction of emotional distress negligence and breach of fiduciary duty claims holding that first amendment barred adults breach of fiduciary duty claim against pastor for actions that occurred when parishioner was a minor recognizing fiduciary relationship under connecticut law between parishioner and diocese where parishioner had been sexually abused by diocesan priest