Ginns

Ginns v. Savage

Caution
1964 Cal. LEXIS 226·39 Cal. Rptr. 377·61 Cal. 2d 520·393 P.2d 689
Supreme Court of CaliforniaJuly 9, 1964L. A. No. 27834California1,647 words

Opinion

lead Opinion

Schauer, J.

In this mandamus proceeding plaintiff seeks annulment of an order of defendant Real Estate Commissioner of the State of California revoking plaintiff’s license as a real estate broker. As will appear we have concluded that the trial court erred in sustaining defendant’s *522 demurrer without leave to amend, and that the ensuing judgment of dismissal should be reversed.

Plaintiff filed an original, and also an “Amended and Supplemental,” petition for the writ. Therein she alleges: Since 1944 she “has been engaged in the City and County of Los Angeles ... as a Real Estate Broker.” On August 24, 1961, defendant commissioner, following written accusation, notice and hearing, rendered a decision revoking plaintiff’s plenary license as a broker and placing her on a restricted license with a provision that she should serve a 180-day period of suspension. This decision was ordered to become effective as of September 14, 1961. On September 8, 1961, the commissioner issued a nunc pro tunc order correcting a clerical error in the decision. On September 11, 1961, at plaintiff’s request the commissioner issued an order staying the effective date of the decision until October 2, 1961. On…

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