ZINNEMANN v. BAGNOL

No. A097383.

128 Cal.Rptr.2d 342 (2002)

104 Cal.App.4th 656

Paula R. ZINNEMANN, as Real Estate Commissioner, etc., Plaintiff and Respondent, v. Venancio A. BAGNOL et al., Defendants and Appellants; John J. Allison et al., Defendants and Respondents.

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

December 19, 2002.


Attorney(s) appearing for the Case

GeraId R. Barrick, San Francisco, for Appellants and Defendants Venancio A. Bagnol et al.

Lundell & Spadafore and Timothy A. Lundell, San Jose, for Respondents and Defendants John J. Allison et al.

Bill Lockyer, Attorney General, Randall P. Borcherding and Julian O. Standen, Deputy Attorneys General, for Plaintiff and Respondent Paula R. Zinnemann, as Real Estate Commissioner, etc.


SIMONS, J.

The Real Estate Recovery Program (Bus. & Prof.Code,1 § 10470 et seq.) allows persons who have been defrauded by a real estate licensee to recover from a state monitored account, funded from real estate license fees (the Recovery Account). To be eligible to recover, an applicant must have obtained a final judgment against the licensee for fraud or conversion of trust funds arising directly from a transaction in which...

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