McPherson

This is an appeal by the Real Estate Commissioner from a judgment in mandate compelling him to set aside his orders suspending the broker’s license of respondent McPherson for 30 days and the salesman’s license of respondent Hawkins for 90 days. Since the Real Estate Commissioner is a state officer exercising statutory powers his determination in a disciplinary proceeding is subject to a trial de novo before the superior court, in which the court is entitled to exercise its independent judgment on the evidence. (Code Civ. Proc., § 1094.5, subd. (c); Moran v. Board of Medical Examiners, 32 Cal.2d 301, 308 [ 196 P.2d 20 ].) The trial court found that in the real estate transactions in question respondents were guilty of no conduct justifying the disciplinary action taken against them and the only question presented before us is whether there is sufficient evidence in the record to support the trial court’s findings.

Respondent Hawkins was a licensed real estate salesman working for respondent McPherson, a licensed real estate broker. Acting for one Brewer, respondent Hawkins procured from Gee a written contract to purchase real property owned by Brewer for $17,700. Gee made a…