Temple v. Kerwin

Opinion

CAPACCIOLI, J.

The Real Estate Commissioner appeals from an order directing him to pay $20,000 to Harold and Alta Temple from the Real Estate Recovery Account. (Bus. & Prof. Code, § 10470 et seq.) The only issue is the amount unpaid on the Temples’ judgment against David S. Kerwin, a real estate licensee “. . . which represents an actual and direct loss to the [Temples] in the transaction.” (§ 10471, subd. (a).) We reverse with directions.

On April 9, 1987, following a court trial, the Temples obtained a superior court judgment against Kerwin for intentional fraud committed as a real…