Augustyn v. Superior Court of San Diego County

[186 CalApp3d Page 1223] The California State Real Estate Commissioner petitioned under Business and Professions Code1 section 10474.5 to consolidate all claims against the commissioner's recovery fund (Fund) involving alleged fraudulent conduct of broker Wayne Burton and his agents, and to prorate the recoveries of individual claimants against the Burton fund. The claims exceeded the available funds in that account. On May 9, 1986, the matter was assigned for all purposes to Judge Jack R. Levitt. On July 25, 1986, he determined on a motion for declaratory relief the legal issue whether a claimant defrauded by one of Burton's licensed agents could recover against both the agent's account and the Burton account. Judge Levitt determined only one recovery, against the Burton fund, was allowable under sections 10471 and 10474.