Skulason

Skulason v. Cal. Bureau of Real Estate

Good Law
14 Cal. App. 5th 562·2017 Cal. App. LEXIS 711·223 Cal. Rptr. 3d 7
Court of Appeal of CaliforniaAugust 16, 2017A147047, A147814California3,564 words

Opinion

lead Opinion

Humes, J.

*565 Belinda Skulason, a real estate salesperson, brought this action against the California Bureau of Real Estate (Bureau) alleging that it wrongfully refused to remove from its public website a document revealing that she had been convicted of three misdemeanors. She asserted that the Bureau was required to remove the document because the convictions, while valid when entered, were eventually dismissed under Penal Code sections 1203.4 and 1203.4a. 1 The trial court agreed and entered a judgment granting a writ of mandate. We reverse and hold that the Board has no mandatory duty to remove from its website publicly available information about a licensee's convictions, including convictions that are eventually dismissed under sections 1203.4 and 1203.4a. Since we reverse the judgment, we also reverse the trial court's order awarding Skulason her attorney fees.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Between 1996 and 1999, Skulason was convicted of three misdemeanors involving the operation of a vehicle, and she was placed on probation for two of them. In 2000, she applied for a real estate salesperson's license. Rather than granting the license, the Bureau initiated an…

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