In 2017, Ray & Bishop won stay orders in three Superior Court cases, stopping license revocations while our we fought appeals in Superior Court. Two stays were granted in Board of Registered Nursing cases, permitting the nurses to work with clear licenses while we fought their appeals. A third stay was granted in a Bureau
Bureau of Real Estate
Surviving a Department of Real Estate Broker Office Survey
By Fredrick Ray on
Posted in Professional License Law
A Department of Real Estate (DRE) special investigator calls your business, or a letter comes in the mail, announcing that the investigator wants to come your business to ask questions and review records. This is, more likely than not, a “Broker Office Survey,” an enforcement tool used often in response to a complaint about a…
Governor Brown Signs AB 2396, Limiting the Use of Expunged Convictions to Deny License Applications
By Fredrick Ray on
Posted in Professional License Law
On September 28, 2014, Governor Brown signed Assembly Bill 2396, which added language to Business and Professions Code section 480. This addition to the law provides that an individual with an expunged conviction cannot be denied a license solely because of the expunged conviction, notwithstanding any other law in the Business and Professions Code. This…
Court of Appeal Holds that a Dismissed Conviction Cannot Be Used to Discipline a Real Estate License
By Fredrick Ray on
Posted in For Attorneys
The Third District Court of Appeal in the case of Ryan-Lanigan v. Bureau of Real Estate (Third Dist. App. Ct. No. C066848) has held that where a judge dismissed a conviction "in the interests of justice," the Bureau of Real Estate cannot use that conviction to discipline a licensee under Business and Professions Code section…
Restricted Real Estate License Issued to Applicant with Felony Conviction and Nine Undisclosed Misdemeanors
By Fredrick Ray on
Posted in Case Results
A firm client who had a felony conviction for possession of narcotics for sale and nine undisclosed misdemeanor convictions was granted a restricted real estate salesperson’s license in a negotiated settlement. A restricted license enables a salesperson to perform all the functions of any real estate salesperson, with the condition that a new law violation…
The Department of Real Estate Has Become the Bureau of Real Estate
By Fredrick Ray on
Posted in Professional License Law
Effective July 1, 2013, a much anticipated change has occurred – the independent entity known as the Department of Real Estate has become a license agency within the Department of Consumer Affairs known as the Bureau of Real Estate. The purpose of this realignment is to save money as certain functions handled by the Bureau…