Donley v. Davi
Jeff Davi, as Commissioner of the California Department of Real Estate (DRE) (Commissioner), denied Bruce D. Donleys application for an unqualified real estate salesperson license, issuing to him instead a restricted license. Donley filed a petition for writ of administrative mandamus (Code Civ. Proc., 1094.5) challenging the Commissioners decision, claiming he was entitled to an unrestricted license. The trial court denied Donleys petition and entered judgment for the Commissioner. Donley appeals claiming: his 2003 misdemeanor conviction of Penal Code section 273.5 (willful infliction of corporal injury on his cohabitant/mother of his child--hereafter section 273.5) is not a crime of moral turpitude; such conviction is not substantially related to the qualifications, functions, and duties of a real estate salesperson licensee; and in any event, he is rehabilitated under the DREs published criteria. (Cal. Code Regs., tit. 10, 2911.) Donley also raises several evidentiary objections to the documentary evidence submitted by the DRE. Court affirm the judgment.
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