Vaill

The Commissioner of the California Department of Real Estate ordered the revocation of Dana Lenahan Vaill’s license to sell real estate on the grounds that she violated Business and Professions Code section 10177, subdivision (g) by failing to disclose to buyers of a residence the existence of a dangerous geological hazard on the property and the events occurring at a meeting called by the County of Los Angeles to discuss this hazard. At the time of the events at issue in this case, Business and Professions Code section 10177 stated in relevant part, “The commissioner *250 may suspend or revoke the license of any real estate licensee . . . who has done any of the following: [f] (g) Demonstrated negligence or incompetence in performing any act for which he is required to hold a license. . . .” Vaill petitioned for a writ of mandate in superior court. Applying its independent judgment to the facts of this case, the superior court found that Vaill had engaged in no conduct which could give rise to suspension or revocation of her license and vacated the commissioner’s license revocation order. We conclude that the trial court’s judgment is supported by substantial…

I respectfully dissent.

Although there is substantial evidence the dangers of high groundwater and the associated risk of landslides were conveyed to the Hudsons, several facts are undisputed concerning the April 12, 1983, meeting which relate to the county engineers’ recommendations that a special assessment district be formed and the costs of future groundwater pumping. Despite the fact that she never received the March 28,1983, letter, Dana Vaill (Vaill) attended the April 12, 1983, meeting with a neighbor. The meeting was conducted by representatives of Los Angeles County in the Malibu Library, a county building. Among the representatives of county government who were present was Edwin Biddlecomb, regional engineer for the department of county engineer facilities in the Malibu region, Armando Cid, division engineer for the regional offices division of the county engineer department, Art Keene, head engineer and geologist for the county engineer department, Mike Johnson, a geologist with the flood control district, and Peter Ireland, a deputy to Supervisor Dean Dana. The meeting commenced at 7:30 p.m. and concluded at approximately 10 p.m. This meeting occurred well prior to…

The Commissioner of the California Department of Real Estate ordered the revocation of Dana Lenahan Vaill's license to sell real estate on the grounds that she violated Business and Professions Code section 10177, subdivision (g) by failing to disclose to buyers of a residence the existence of a dangerous geological hazard on the property and the events occurring at a meeting called by the County of Los Angeles to discuss this hazard. At the time of the events at issue in this case, Business and Professions Code section 10177 stated in relevant part, "The commissioner may suspend or revoke the license of any real estate licensee ... who has done any of the following: [¶] (g) Demonstrated negligence or incompetence in performing any act for which he is required to hold a license...." Vaill petitioned for a writ of mandate in superior court. Applying its independent judgment to the facts of this case, the superior court found that Vaill had engaged in no conduct which could give rise to suspension or revocation of her license and vacated the commissioner's license revocation order. We conclude that the trial court's judgment is supported by substantial…