DETERMINATION OF ISSUES. By reason of the foregoing stipulations, admissions 20 and waivers and solely for the purpose of settlement of the 21 pending Accusation without a hearing, it is stipulated and 22 agreed that the following determination of issues shall be made: 23 The conduct of Respondent, as set forth in the 24 Accusation constitutes grounds for suspension or revocation of 25 Respondent's real estate broker license under the provisions of 26 Sections 10177 (f) of the Business and Professions Code. 27 ORDER WHEREFORE, THE FOLLOWING ORDER is hereby made: N All licenses and licensing rights of Respondent XXX w XXXXX XXX under the Real Estate Law are revoked; provided, however, a restricted real estate broker license shall be issued to Respondent pursuant to Section 10156.5 of the Business and 7 Professions Code if Respondent makes application therefor and pays to the Department of Real Estate the appropriate fee for 9 the restricted license within 90 days from the effective date of 10 this Decision. The restricted license issued to Respondent shall be subject to all of the provisions of Section 10156.7 of. the Business and Professions Code and to the following limitations, conditions and restrictions imposed under authority of that Code : 15
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. 21 By reason of the foregoing stipulations and waivers and solely for the purpose of 22 settlement of the pending Accusation without a hearing, it is stipulated and agreed that the 23 following determination of issues shall be made:
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"). ORDER 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. 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. 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. By reason of the foregoing stipulations and waivers and solely for the purpose of settlement of the pending Accusation without a hearing, it is stipulated and agreed that the 10 following Determination of Issues shall be made: 11 The conduct, acts or omissions of Respondent XXXXXX XXXXXX, as set forth 12 in the Accusation, constitute cause to suspend or revoke the real estate license and licensing 13 rights of Respondent XXXXXX XXXXXX under the provisions of Business and Professions 14 Code ("Code") Sections 10130, 10137, 10176(e) and 10176(g). 15 ORDER 16 WHEREFORE, THE FOLLOWING ORDER is hereby made:
DETERMINATION OF ISSUES. In its capacity as trustee in relation to the Transaction 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 Transaction 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 all the other parties to this Agreement.
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. 12. According to Xxxxxxx Xxxxx and Xxxxxx, : “The Law Relating to Estoppel by Representation” ,(at p. 31 and 37) : “In order to constitute a representation on which an estoppel may be founded, the statement must be one of ‘existing fact’. However it is not a representation in the sense of a statement, where the facts to which it relates are actually as the representor believes them to be , or is informed that they are; and, there is no estoppel, therefore, against denying the correctness of the opinion, belief, or information.”
