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  5. 186 Cal.App.3d 1221 (1986)
 

AUGUSTYN v. SUPERIOR COURT

Docket No. D005029.

186 Cal.App.3d 1221 (1986)

231 Cal. Rptr. 298

JOHN J. AUGUSTYN, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; JAMES A. EDMONDS, JR., as Real Estate Commissioner, etc., Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

November 5, 1986.

Attorney(s) appearing for the Case

COUNSEL

Klitgaard & Jones and Robert J. Klitgaard for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Edmond B. Mamer and Neal J. Gobar, Deputy Attorneys General, for Real Party in Interest.

OPINION

LEWIS, J.

The California State Real Estate Commissioner petitioned under Business and Professions Code1 section 10474.5 to consolidate all claims against the commissioner's recovery fund (Fund) involving alleged fraudulent conduct of broker Wayne Burton and his agents, and to prorate the recoveries of individual claimants against the Burton fund. The claims exceeded the available funds in that...

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