Sheetz

Rose Marie Sheetz appeals the judgment of the trial court denying her petition for writ of mandamus. (Code Civ. Proc., § 1094.5.) We affirm and hold that a power of attorney did not exempt her from the licensing requirements of the Real Estate Law. (Bus. & Prof. Code, § 10000 et seq.)

Facts

From 1983 through 1986, Rose Marie Sheetz managed 23 residential and commercial properties owned by John and Miriam Lein in San Luis Obispo County. The Leins employed Sheetz, an unlicensed property manager, after unsatisfactory experiences with real estate brokers as managers. Sheetz solicited tenants, negotiated leases and collected rents. On October 6, 1986, the Leins executed a power of attorney empowering Sheetz to perform these specific duties concerning the properties.

Mrs. Lein suffered from poor health and Mr. Lein, a commercial fisherman, often was absent from California. An administrative law judge found that Sheetz and the Leins enjoyed a “close personal friendship and caring relationship.” Sheetz received 25 percent of her income from the Leins and spent 10 to 15 percent of her time managing the properties. She did not manage property for owners other than the…