People ex rel. Savage v. Los Angeles Trust Deed & Mortgage Exchange

Defendants have appealed from an order granting a preliminary injunction which, broadly stated, prohibits each of them from acting as a real estate broker and/or a real estate salesman, particularly with respect to the buying and selling of trust deeds and mortgages, until licensed by plaintiff, as Real Estate Commissioner of California.

In addition to other pertinent statutory authority, the commissioner has proceeded generally herein under sections 10130 and 10081, Business and Professions Code. Section 10130 provides: “It is unlawful for any person to engage in the business, act in the capacity of, advertise or assume to act as a real estate broker or real estate salesman within this State without first obtaining a real estate license from the division. ...” Section 10081 provides -. 11 Whenever the commissioner believes from evidence satisfactory to him that any person has violated or is about to violate any of the provisions of this part ... he may bring an action in the name of the people of the State of California in the Superior Court of the State of California against such person to enjoin such person from continuing such violation or engaging therein or doing any act…