Lewis

Lewis v. Edmonds

Good Law
190 Cal. App. 3d 1101·1987 Cal. App. LEXIS 1662·235 Cal. Rptr. 835
Court of Appeal of CaliforniaApril 1, 1987A034416California1,163 words

Opinion

Opinion

Racanelli, J.

This is an appeal from a judgment of the superior court dismissing a petition requesting payment from the Real Estate Recovery Account (the Account) (Bus. & Prof. Code, § 10470 et seq.) for fraudulent acts committed by a real estate licensee. We affirm the judgment.

The minimal record before us, consisting of an agreed statement and designated documents from the clerk’s transcript, reveals the following procedural events:

On March 10, 1982, appellants Rufus Lewis and Willie Lee Lewis filed a complaint for damages, cancellation of a promissory note and trust deed, declaratory and injunctive relief. The named defendants included Richard Adams, a licensed real estate salesman, William J. Nikiforuk, a notary public, and the holders and transferors of the note and trust deed. The complaint alleged that appellants were illiterate and were defrauded by the actions of Adams and Nikiforuk, who induced them to execute a note and trust deed, forged their signatures on other documents and converted the proceeds of the resulting loan. The note and trust deed were assigned to Beneficial Management Corporation and Benevest of California, which began foreclosure proceedings when…

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