Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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After a hearing, the trial court granted plaintiff’s and interveners’ motions for summary judgment and entered judgment granting the petition for writ of mandate. It issued a peremptory writ ordering the Board to vacate the Plevka and Smith decisions, and declared former section 1809, subdivision (b), of the Charter Amendment “invalid because it requires the . . . Board to exercise judicial powers which fall within the ambit of Article VI, Section 1, of the California Constitution.” The court issued a permanent injunction prohibiting the Board from proceeding on any pending or future complaint for excess rents under the former subdivision, and declared the Board’s regulations invalid insofar as they implemented the former subdivision, but did not address interveners’ jury trial claim. The Board appealed. II. Analysis A. Background

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