From bakersfield.com:
Former Bakersfield real estate broker Carl Cole took the next step to get back the license that was stripped from him, this time appealing to the Kern County Superior Court.
His reasoning, contained in a court filing: The ruling that led the Department of Real Estate to revoke his license in September isn’t backed up by evidence.
Cole tried to get his license back before, but the state agency said no in November.
In the latest bid, Cole attorney Glenn Kottcamp wrote the state’s conclusion “is not supported by the findings and the findings are not supported by the evidence except the findings and conclusion that (Cole) employed a loan officer who was not a licensed real estate agent or broker, which (Cole) admitted during the course of the hearing,” according to the mid-December court filing.
Further, Kottcamp argued the state’s conclusions and decision that Cole “made substantial misrepresentations, engaged in fraud and dishonest dealing, and willfully disregarded the Real Estate Law ... are not supported by the evidence.”
Cole should have his license restored because real estate is how he earns a living, Kottcamp wrote.
Cole couldn’t be reached Monday at a real estate business in Ventura County where he was last known to work. His name is still on the voicemail greeting.
It’s unclear what might happen next; a hearing date has not been set. Tom Pool, spokesman for the Department of Real Estate, said Monday the state Attorney General’s office will represent the agency in its side of the case.
Cole was a principal at the defunct Crisp & Cole Real Estate along with former sales agent David Crisp, who also lost his license.
In other news, Cole owes Bank of the Sierra about $60,000 for a line of credit he established in October 2005. Cole stopped making monthly payments on the balance in mid-December 2007, court documents show.
Cole tried to get his license back before, but the state agency said no in November.
In the latest bid, Cole attorney Glenn Kottcamp wrote the state’s conclusion “is not supported by the findings and the findings are not supported by the evidence except the findings and conclusion that (Cole) employed a loan officer who was not a licensed real estate agent or broker, which (Cole) admitted during the course of the hearing,” according to the mid-December court filing.
Further, Kottcamp argued the state’s conclusions and decision that Cole “made substantial misrepresentations, engaged in fraud and dishonest dealing, and willfully disregarded the Real Estate Law ... are not supported by the evidence.”
Cole should have his license restored because real estate is how he earns a living, Kottcamp wrote.
Cole couldn’t be reached Monday at a real estate business in Ventura County where he was last known to work. His name is still on the voicemail greeting.
It’s unclear what might happen next; a hearing date has not been set. Tom Pool, spokesman for the Department of Real Estate, said Monday the state Attorney General’s office will represent the agency in its side of the case.
Cole was a principal at the defunct Crisp & Cole Real Estate along with former sales agent David Crisp, who also lost his license.
In other news, Cole owes Bank of the Sierra about $60,000 for a line of credit he established in October 2005. Cole stopped making monthly payments on the balance in mid-December 2007, court documents show.
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