California Court of Appeal
Ryan-Lanigan v. Bureau of Real Estate, C066848
The trial court's order setting aside a decision of the California Bureau of Real Estate which revoked the real estate salesperson’s license of plaintiff due to her conviction of misdemeanor hit and run on a no contest plea, which was later reduced to a basic speed law infraction, is affirmed, where: 1) Business and Professions Code section 10177 does not authorize the license revocation in this case because that section does not allow discipline when there has been a dismissal unless the dismissal is pursuant to Penal Code section 1203.4, i.e., an expungement; and 2) here, the dismissal was not pursuant to Penal Code section 1203.4, and there is no other evidence supporting the Bureau's revocation of plaintiff's real estate license.
Appellate Information
- Decided 12/13/2013
- Published 12/13/2013
Judges
- MURRAY
Court
- California Court of Appeal