Marr. of Brandes

Filed 9/9/15 Unmodified version attached

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re the Marriage of LINDA F. and

CHARLES H. BRANDES.

D062729

LINDA F. BRANDES,

Appellant, (Super. Ct. No. D485527)

v. ORDER MODIFYING OPINION AND DENYING LINDA BRANDES'S

CHARLES H. BRANDES, PETITION FOR REHEARING

Appellant. [NO CHANGE IN JUDGMENT]

THE COURT:

It is so ordered that the opinion filed herein on August 14, 2015, be modified as follows: On page 22, the last sentence of the first partial paragraph is removed and replaced with the following sentences: " ' " 'In its generic sense, constructive fraud comprises all acts, omissions and concealments involving a breach of legal or equitable duty, trust, or confidence, and resulting in damages to another. . . .' " ' '[W]hether a fiduciary duty has been breached, and whether [conduct] constitutes constructive . . . fraud, depends on the facts and circumstances of each case.' " (Prakashpalan v. Engstrom,…