Herrera

Herrera v. Department of Real Estate

Good Law
106 Cal. Rptr. 2d 232·2001 Cal. App. LEXIS 311·2001 Daily Journal DAR 4053·88 Cal. App. 4th 776·2001 Cal. Daily Op. Serv. 3328
Court of Appeal of CaliforniaApril 26, 2001No. B138748California1,162 words

Opinion

Lead Opinion

Grignon, J.

Appellant Terry Herrera appeals from an order denying his petition for writ of mandate in this proceeding to revoke his real estate license. The Department of Real Estate (Department) revoked Herrera’s real estate license pursuant to Business and Professions Code section 10177, subdivision (f), 1 based on the suspension of Herrera’s law license. The Department’s disciplinary accusation was filed within three years from the suspension of Herrera’s law license, but more than three years from the underlying misconduct. In the published portion of this opinion, we conclude the three-year statute of limitations set forth in section 10101 commences on the date of the suspension of the law license. We address the remaining issues in the unpublished portion of this opinion. We affirm.

*778 Facts and Procedural Background

In April 1976, Herrera obtained his real estate license. In December 1986, he was licensed to practice law in California. On February 8, 1989, Herrera received $1,000 on behalf of a client of his law practice. He did not notify the client of the receipt of funds. He deposited the funds into his client trust account. On February 27, 1989, Herrera withdrew from…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.