California Codes, Business and Professions Code - BPC, Division 4 — Real Estate, Part 3 — Licensing and Certification of Real Estate Appraisers, Chapter 8 — Real Estate Appraisers Regulation Fund, Section 11417.7
The judgment debtor may defend an action against the Recovery Account on their own behalf and shall have recourse to all appropriate means of defense and review, including examination of witnesses. All matters relating to the issues of fraud, misrepresentation, or deceit with intent to defraud finally adjudicated in the underlying action are conclusive as to the judgment debtor and the applicant in the proceeding against the Recovery Account, if the final judgment was established by proof by clear and convincing evidence or the bureau determined that the applicant provided clear and convincing evidence of the judgment debtor’s fraud, misrepresentation, or deceit with intent to defraud.
Notes
Allows a judgment debtor to defend a proceeding against the Recovery Account using all appropriate defenses and review methods, including examining witnesses. Fraud, misrepresentation, or deceit with intent to defraud finally adjudicated in the underlying case is conclusive against the debtor and applicant when established by clear and convincing proof or when the bureau makes the specified clear-and-convincing-evidence determination.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 11417.7 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-3/chapter-8/section-11417-7