Mullen

Mullen v. Department of Real Estate

Good Law
1988 Cal. App. LEXIS 813·204 Cal. App. 3d 295·251 Cal. Rptr. 12
Court of Appeal of CaliforniaAugust 4, 1988B030057California2,819 words

Opinion

Opinion

Compton, J.

In a disciplinary action, the California State Department of Real Estate (department) charged appellant Michael Mullen, a licensed real estate broker, with violations of various California Code of Regulations provisions arising out of his management of a client’s escrow account. The department also alleged that his conduct violated a section of the Business and Professions Code.

Following a hearing, an administrative law court rendered a proposed decision ordering that Mullen’s license be revoked. The court, however, stayed the revocation on the condition that Mullen serve a 30-day suspension, accept a restricted license, and reimburse the client $5,500 as partial compensation for his damages. By order of the Real Estate Commissioner (commissioner), the department adopted the decision. Mullen thereafter petitioned the superior court for a writ of mandate to set the order aside and have the department reinstate his license without restrictions. The trial court denied the petition and entered judgment in favor of the department. This appeal follows. We affirm.

“In reviewing the decision of the commissioner, in administrative proceedings [to revoke a real estate license].…

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