Legal Opinion
Rodriguez v. Department of Real Estate
California Court of Appeal
Decided December 26, 1996No. A074922PublishedCited by 12 opinions
1Opinion of the Court
Opinion
REARDON, J.
In this case, we hold that the Commissioner of the Department of Real Estate does not violate a real estate broker’s due process rights by suspending the broker’s license as an automatic consequence of granting a defrauded client’s claim for payment from the department’s client recovery account. Current legal requirements of notice to the broker and an opportunity to submit written argument challenging the claim are sufficient to satisfy due process, despite the lack of any provision for a formal administrative hearing at which the licensee may offer evidence and…
2Cases cited22 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Hannah v. LarcheSupreme Court of the United States · 1960
- Bixby v. PiernoCalifornia Supreme Court · 1971
- People v. RamirezCalifornia Supreme Court · 1979
- Fascination, Inc. v. HooverCalifornia Supreme Court · 1952
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3Cited by12 opinions
- Ryan v. California Interscholastic Federation-San Diego SectionCalifornia Court of Appeal · 2001
- Oberholzer v. Commission on Judicial PerformanceCalifornia Supreme Court · 1999
- MARVIN LIEBLEIN, INC. v. ShewryCalifornia Court of Appeal · 2006
- Pinheiro v. Civil Service Commission for the County of FresnoCalifornia Court of Appeal · 2016
- California Ass'n of Private Special Education Schools v. State Department of EducationCalifornia Court of Appeal · 2006
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