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RODRIGUEZ v. DEPARTMENT OF REAL ESTATE

Docket No. A074922.

51 Cal.App.4th 1289 (1996)

GUSTAVO RODRIGUEZ, Plaintiff and Appellant, v. DEPARTMENT OF REAL ESTATE, Defendant and Respondent; DORA ALVARENGA, Real Party in Interest and Respondent.

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

December 26, 1996.

Attorney(s) appearing for the Case

COUNSEL

Arlo H. Smith for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Richard F. Finn and Paul D. Gifford, Deputy Attorneys General, for Defendant and Respondent.

Grant & Sternberg, Robert L. Grant and Heidi A. Coad-Hermelin for Real Party in Interest and Respondent.

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...

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