CIRCLE OAKS SALES CO. v. SMITH

Docket No. 28861.

16 Cal.App.3d 682 (1971)

94 Cal. Rptr. 232

CIRCLE OAKS SALES COMPANY, INC., Plaintiff and Respondent, v. BURTON E. SMITH, as Real Estate Commissioner, etc., Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

April 15, 1971.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch and Evelle J. Younger, Attorneys General, David E. Bunim and Eric Roost, Deputy Attorneys General, for Defendant and Appellant.

Severson, Werson, Berke & Melchior and Richard B. Schreiber for Plaintiff and Respondent.


OPINION

CHRISTIAN, J.

Respondent took judgment against real estate broker Carl F. Alaimo for $9,500, consisting of $6,500 damages for fraud and $3,000 treble damages for conversion of a $1,000 fee advanced by respondent. Respondent applied for satisfaction of the judgment from the Real Estate Education, Research and Recovery Fund (hereinafter called "the Fund"), pursuant to Business and Professions Code, section 10470 et seq.

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