NICK MILETAK, Plaintiff and Appellant, v. JEFF DAVI, as Real Estate Commissioner, etc., Defendant and Respondent. H033753 California Court of Appeal, Sixth District November 23, 2009 NOT TO BE PUBLISHED Santa Clara County Super Ct. No. CV116866 Duffy, J. Appellant Nick Miletak appeals from the trial court’s denial of his petition for writ of mandate by which he sought relief from the California Department of Real Estate’s administrative denial of his application for a real estate salesperson’s license
(a) An investigative consumer reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1786.18 and to limit furnishing of investigative consumer reports for the purposes listed under Section 1786.12. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought and that the information will be used for no other purposes, and make the certifications described in paragraph (4)
Whenever an investigative consumer reporting agency prepares an investigative consumer report, no adverse information in the report (other than information that is a matter of public record, the status of which has been updated pursuant to Section 1786.28) may be included in a subsequent investigative consumer report unless that adverse information has been verified in the process of making the subsequent investigative consumer report, or the adverse information was received within the three-month