California CodesBusiness and Professions Code - BPCDivision 4 — Real EstatePart 1 — Licensing of PersonsChapter 6.5 — Real Estate Recovery ProgramSection 10473.1

The judgment debtor may defend an action against the Consumer Recovery Account on their own behalf and shall have recourse to all appropriate means of defense and review, including examination of witnesses. All matters, including, but not limited to, the issues of fraud, misrepresentation, deceit, or conversion of trust funds, finally adjudicated in the underlying action are conclusive as to the judgment debtor and the applicant in the proceeding against the Consumer Recovery Account, if the final judgment was established by proof by clear and convincing evidence or the commissioner determined that the applicant provided clear and convincing evidence of the judgment debtor’s fraud, misrepresentation, deceit, or conversion of trust funds.

Notes

Allows a judgment debtor to defend a proceeding against the Consumer Recovery Account using all appropriate defenses and review methods, including examining witnesses. Issues finally adjudicated in the underlying case are conclusive against the debtor and applicant when the judgment used clear and convincing proof or the commissioner found clear and convincing evidence of the specified misconduct.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 10473.1 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-1/chapter-6-5/section-10473-1

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