DETERMINATION OF ISSUES. N By reason of the foregoing stipulations, admissions w and waivers and solely for the purpose of settlement of the pending Accusation without a hearing, it is stipulated and agreed that the following determination of issues shall be made: on The conduct of Respondent, as set forth in the 7 Accusation constitutes grounds for suspension or revocation of Respondent's real estate broker license under the provisions of 9 Sections 490 and 10177 (b) of the Business and Professions Code. 10 ORDER 11 WHEREFORE, THE FOLLOWING ORDER is hereby made: 12 All licenses and licensing rights of Respondent XXXXXX 13 XXX XXXXXXXXX, under the Real Estate Law are revoked; provided, 14 however, a restricted real estate broker license shall be issued 15 to Respondent pursuant to Section 10156.5 of the Business and 16 Professions Code, if Respondent makes application therefor_and 17 pays to the Department the appropriate within 90 days from 18 the effective date of this Decision. The restricted license 19 issued to Respondent shall be subject to all of the provisions 20 of Section 10156.7 of the Business and Professions Code and to 21 the following limitations, conditions and restrictions imposed 22 under authority of Section 10156.6 of that code:
DETERMINATION OF ISSUES. The referee shall be required to determine all issues in accordance with existing case law and the statutory law of the State of Delaware; provided, however, that the referee shall apply the rules of civil procedure and evidence applicable to proceedings at law in the State of California. The referee shall be empowered to enter equitable as well as legal relief, to provide all temporary and/or provisional remedies and to enter equitable orders that will be binding upon the parties. The referee shall issue written findings of fact and conclusions of law, a written statement of decision, and a single judgment at the close of the reference proceeding that shall dispose of all of the claims of the parties that are the subject of the reference. The parties hereto expressly reserve the right to contest or appeal from the final judgment or any appealable order or appealable judgment entered by the referee. The parties hereto also expressly reserve the right to move for a new trial or a different judgment, which new trial, if granted, is also to be a reference proceeding under this provision.
DETERMINATION OF ISSUES. By reason of the foregoing stipulations, admissions 10 and waivers, and solely for the purpose of settlement of the 11 pending Accusation without a hearing, it is stipulated and 12 agreed that the following determination of issues shall be made:
DETERMINATION OF ISSUES. The Finance Parties agree that, in its capacity as trustee in relation to the Trust Documents, the Security Trustee shall have full power to determine all questions and doubts arising in relation to the interpretation or application of any of the provisions of this Agreement or any of the other Trust Documents as it affects the Security Trustee and every such determination (whether made upon a question actually raised or implied in the acts or proceedings of the Security Trustee) shall be conclusive and shall bind each of the Finance Parties (save in the case of manifest error or the wilful misconduct or gross negligence of the Security Trustee).
DETERMINATION OF ISSUES. 22 By reason of the foregoing stipulations, admissions, and waivers and solely for the 23 purpose of settlement of the pending Accusation without hearing, it is stipulated and agreed that 24 the following Determination of Issues shall be made: 26 The acts and/or omissions of Respondent as described in the Accusation violate 27 Sections 10130, 10176(a), 10177(d), and 10177(g) Business and Professions Code ("Code"). N All licenses and licensing rights of Respondent XXXX XXXXXXX XXXXXXXX w under the Real Estate Law are revoked; provided, however, a restricted real estate salesperson license shall be issued to Respondent pursuant to Section 10156.5 of the Code if Respondent makes application therefor for the restricted license within 90 days from the effective date of this Decision and Order. The restricted license issued to Respondent shall be subject to all of the provisions of Section 10156.7 of the Code and to the following limitations, conditions and 00 restrictions imposed under authority of Section 10156.6 of that Code: The restricted license issued to Respondent may be suspended prior to 10 hearing by Order of the Commissioner in the event of Respondent's conviction or plea of nolo 11 contendere to a crime which is substantially related to Respondent's fitness or capacity as a real 12 estate licensee.
DETERMINATION OF ISSUES. By reason of the foregoing, it is stipulated and agreed that the following 6 determination of issues shall be made: The conduct, acts, and/or omissions of Respondent, as set forth in the Accusation are grounds for discipline of all the real estate licenses and license rights of Respondent pursuant 9 to California Business and Professions Code sections 490 and 10177(b). 10 11 ORDER 12 WHEREFORE, THE FOLLOWING ORDER is hereby made: 13 14 (RESTRICTED BROKER LICENSE) 16 All licenses and licensing rights of Respondent, under the Real Estate Law are 17 revoked; provided, however, a restricted real estate broker license shall be issued to Respondent 18 pursuant to California Business and Professions Code section 10156.5 if Respondent makes 19 application therefor and pays to the Department of Real Estate the appropriate fee for the 20 restricted license within ninety (90) days from the effective date of this Decision. The restricted 21 license issued to Respondent shall be subject to all of the provisions of California Business and 22 Professions Code section 10156.7 and to the following limitations, conditions, and restrictions 23 imposed under authority of California Business and Professions Code section 10156.6.
DETERMINATION OF ISSUES. The Beneficiaries agree that, in its capacity as trustee in relation to the Trust Documents, the Security Trustee shall have full power to determine all questions and doubts arising in relation to the interpretation or application of any of the provisions of this Deed or any of the Trust Documents as it affects the Security Trustee and every such determination (whether made upon a question actually raised or implied in the acts or proceedings of the Security Trustee) shall be conclusive and shall bind each of the Beneficiaries.
DETERMINATION OF ISSUES. 1 By reason of the foregoing stipulations and waivers and 16 solely for the purpose of settlement of the pending Accusation without a hearing, it is stipulated and agreed that the following determination of issues shall be made: 21 The acts and omissions of Respondents PACIFIC 22 INVESTMENT PROPERTIES and XXXXX XXXXXX XXXXXXXX as described in 23 the Accusation are grounds for the suspension or revocation of 24 Respondents licenses and license rights under the following 25 sections of the Code and Regulations:
DETERMINATION OF ISSUES. 13 By reason of the foregoing stipulations, admissions and waivers and solely for 14 the purpose of settlement of the pending Accusation without hearing, it is stipulated and agreed 15 that the following Determination of Issues shall be made: 17 The acts and/or omissions of Respondent as described the Accusation constitute 18 cause pursuant to the provisions of Section 10130 of the Code in conjunction with Section 19 10177(d) of the Code and Section 10177(j) of the Code for the suspension or revocation of all 20 licenses and/or license rights of Respondent under the Real Estate Law.
DETERMINATION OF ISSUES. 8 By reason of the foregoing stipulations and waivers and solely for the purpose of settlement of the pending Accusation 10 without a hearing, it is stipulated and agreed that the following 11 Determination of Issues shall be made: 12 The conduct, acts or omissions of XXXXXX XXXXXX. , as set 13 forth in the Accusation, constitutes cause to suspend or revoke 14 Respondent's real estate license and license rights under the 15 provisions of Business and Professions Code (the "Code") Section 16 10177 (d) for violations of the Real Estate Law. 17 ORDER 18 WHEREFORE, THE FOLLOWING ORDER is hereby made:
19 A. The licenses and license rights of XXXXXX XXXXXX 20 under Part 1 of Division 4 of the Business and Professions Code 21 are revoked.
22 B. However, Respondent shall be entitled to apply for 23 and will be issued a restricted real estate broker license 24 pursuant to Section 10156.5 of the Code if Respondent makes 25 application therefor and pays to the Department of Real Estate the 26 appropriate fee for said license within one hundred twenty (120) 27 days from the effective date of the Decision. COURT PAPER STATE OF CALIFORNIA STD, 113 (REV. 3-95) 95 28391 -4-
