Miller v. Dept. of Real Estate

INTRODUCTION

Nijjar Realty, Inc. and its real estate broker of record, Everet Miller, operated a mobilehome park owned by one of Nijjar’s clients. The Department of Real Estate filed an accusation alleging Nijjar violated various provisions of the Real Estate Law (Bus. & Prof. Code, § 10000 et seq.),1 the Health and Safety Code, and administrative regulations under the Health and Safety Code by (1) employing an unlicensed individual to solicit and enter into lease-to-own agreements with the tenants/buyers of several mobilehomes; and (2) permitting the tenants/buyers to move into mobilehomes that were not permitted for human occupancy. Following a hearing, an administrative law judge ruled Nijjar violated the statutes and regulations. The administrative law judge issued a proposed order revoking Nijjar Realty’s and Miller’s licenses, which the Department adopted. Nijjar and Miller filed a petition for a writ of administrative mandate, contending they did not receive a fair hearing because the administrative law judge considered improper evidence, including expert testimony from several witnesses the Department did not designate as experts. Nijjar and Miller also contended the…