Golde v. Fox

In Golde v. Fox (1979) 98 Cal.App.3d 167, a real estate broker smuggled 1,000 pounds of marijuana into the United States using his private plane. His broker's license was revoked because of his conviction. Observing a real estate broker often engages in confidential and fiduciary business relationships, the Golde court reasoned: "Honesty and truthfulness are two qualities deemed by the Legislature to bear on one's fitness and qualification to be a real estate licensee. If appellant's offense reflects unfavorably on his honesty, it may be said to be substantially related to his qualifications. Illegal possession and transportation by airplane with the attendant sophisticated planning of a quarter of a million dollars worth of marijuana, admittedly for the purpose of personal gain, is clearly an illicit act of deceit and dishonesty in a fundamental sense." ( Golde v. Fox, supra, 98 Cal.App.3d 167, 176.) The Golde court went on to explain: "'Where the occupation is one wherein those following it act as the agents and representatives of others and in a more or less confidential and fiduciary capacity, it certainly can be fairly said that those pursuing it should have in a particular degree the qualifications of "honesty, truthfulness and good reputation." The occupation of a real estate agent is of just this sort. He acts for others and in more or less confidential and fiduciary capacity.'" ( Id., at p. 177.)