Herrera v. Department of Real Estate

Opinion

GRIGNON, J. Appellant Terry Herrera appeals from an order denying his petition for writ of mandate in this proceeding to revoke his real estate license. The Department of Real Estate (Department) revoked Herrera’s real estate license pursuant to Business and Professions Code section 10177, subdivision (f),1 based on the suspension of Herrera’s law license. The Department’s disciplinary accusation was filed within three years from the suspension of Herrera’s law license, but more than three years from the underlying misconduct. In the published portion of this opinion, we conclude the three-year statute of limitations set forth in section 10101 commences on the date of the suspension of the law license. We address the remaining issues in the unpublished portion of this opinion. We affirm.

[778]Facts and Procedural Background

In April 1976, Herrera obtained his real estate license. In December 1986, he was licensed to practice law in California. On February 8, 1989, Herrera received $1,000 on behalf of a client of his law practice. He did not notify the client of the receipt of funds. He deposited the funds into his client trust account. On February 27, 1989, Herrera withdrew from his representation of the client. He did not remit the funds to the client. On May 1, 1989, his client trust account balance fell below $1,000. The State Bar filed a complaint against Herrera in 1991.

In 1996, Herrera and the State Bar stipulated to a “statement of acts or omissions warranting the agreed disposition.” In addition to the above facts, the statement provided, “[Herrera] failed to notify [the client] of the receipt of her funds and misappropriated the money for his own use and purpose. [Herrera] committed the above-described acts in willful violation of . . . Section 6106 and Rules of Professional Conduct[, rule] 4-1000(B)(4).” On April 19, 1996, the Supreme Court suspended Herrera’s license to practice law for one year, stayed execution of the suspension, and placed Herrera on probation for one year subject to conditions that included a 60-day actual suspension.

On February 16, 1999, the Department filed an accusation against Herrera to suspend or revoke his real estate license under section 10177, subdivision (f), based on the suspension of Herrera’s law license. A hearing was held on May 12, 1999. On May 25, 1999, the administrative law judge issued a proposed decision to revoke Herrera’s real estate license. The Department adopted the proposed decision and revoked Herrera’s real estate license, effective July 13, 1999.