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SUAREZ v. OFFICE OF ADMINISTRATIVE HEARINGS

No. B169508.

20 Cal.Rptr.3d 618 (2004)

123 Cal.App.4th 1191

Maria SUAREZ, as Deputy Commissioner, etc., Plaintiff and Respondent, v. OFFICE OF ADMINISTRATIVE HEARINGS, Defendant and Respondent. James Davis Bennett, Real Party in Interest and Appellant.

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

As Modified December 2, 2004.

Review Denied February 16, 2005.

Attorney(s) appearing for the Case

James Bennett, in propria persona.

Bill Lockyer, Attorney General of the State of California, W. Dean Freeman, Lead Supervising Deputy Attorney General, and Elisa B. Wolfe-Donato, Deputy Attorney General, for Plaintiff and Respondent Maria Suarez.

ARMSTRONG, J.

Appellant James Bennett has a real estate broker's license. In February of 2001, after an audit, the Department of Real Estate ("DRE") accused him of fraud in connection with two mortgages. The charges did not arise out of the audit. An amended accusation added charges which did arise out of the audit. They generally concerned record-keeping irregularities in trust accounts, alleging, for instance, that one account showed an overage of $22,575, and that...

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