Martin v. Carroll CA2/6

Filed 10/1/25 Martin v. Carroll CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

TRAVIS MARTIN, 2d Civ. No. B339736 (Super. Ct. No. Plaintiff and Appellant, 2023CUPP017460) (Ventura County) v. ORDER MODIFYING ANDREW CARROLL et. al., OPINION AND DENYING REHEARING Defendants and [No Change in Judgment] Respondents.

THE COURT: It is ordered that the opinion filed herein on September 15, 2025, be modified as follows: On page two, after the third paragraph in the Discussion section, and before the Disposition on page 3, insert the following paragraph: “In a petition for rehearing, Appellant contends the trial court was wrong, and that a claim for fraudulent concealment is authorized under Civil Code section 1710, subdivision (3). Section 1710 subdivision (3) defines “deceit”: “A deceit, within

the meaning of [Civ. Code, § 1709], is either: [¶] The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact.” Appellant’s petition also includes facts he would allege purporting to support a fraudulent concealment claim. We conclude he has forfeited these claims by failing to raise them in his opening brief. (See Reynolds v. Bement (2005) 36 Cal.4th 1075, 1092 [arguments cannot be raised for the first time in a petition for rehearing], abrogated on another ground in Martinez v. Combs (2010) 49 Cal.4th 35, 62- 66.) There is no change in the Judgment. Appellant’s petition for rehearing is denied.

____________________________________________________________ GILBERT, P. J. BALTODANO, J. CODY, J.

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Filed 9/15/25 Martin v. Carroll CA2/6 (unmodified opinion)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.