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DONALDSON v. DEPARTMENT OF REAL ESTATE

No. H027112.

36 Cal.Rptr.3d 577 (2005)

134 Cal.App.4th 948

Robert J. DONALDSON, Plaintiff and Appellant, v. DEPARTMENT OF REAL ESTATE OF the STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Sixth District.

December 9, 2005.

Attorney(s) appearing for the Case

Stephen Wright, San Francisco, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Randall P. Borcherding, Supervising Deputy Attorney General, for Defendant and Respondent Department of Real Estate of the State of California.

RUSHING, P.J.

The question here is whether the Department of Real Estate (Department) possesses the power, under pertinent statutes and regulations, to revoke a real estate license based on the licensee's conviction of unlawful intercourse with a minor, where the evidence fails to establish that the minor participated unwillingly in the conduct underlying the conviction. The Real Estate Commissioner (Commissioner) assumed such a power here, relying solely on a regulation...

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