Singh

Jeff Davi, as Commissioner (Commissioner) of the Department of Real Estate (DRE), denied Dave Singh’s application for a real estate broker’s license based on the “dishonest nature” of his prior conviction for theft by false pretenses and the concern that it would not be in the public interest to issue Singh a license. Singh petitioned for a writ of administrative mandamus (Code Civ. Proc., § 1094.5) to set aside the Commissioner’s decision, contending that he was entitled to a broker’s license because he had met all criteria for rehabilitation. Finding the Commissioner failed to proceed in the manner required by law, the trial court granted the petition and issued the writ of mandate.

The Commissioner appeals. He contends the trial court erred in interpreting his decision as finding that Singh met all criteria of rehabilitation. He further contends there is substantial evidence that Singh has not demonstrated a sufficient change in attitude because he fails to take full responsibility for his crime. We agree with the trial court that, based on the findings set forth in the decision, the Commissioner’s decision to deny Singh a broker’s license was improperly based solely…