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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One recent Court of Appeal decision discussed the implications of administrative power to make restitutive money awards. McKee v. Bell-Carter Olive Co. (1986) 186 Cal.App.3d 1230 [231 Cal.Rptr. 304], involved an administrative body that regulates the conduct of its licensees—food “processors”—in relation to the processors’ suppliers, food growers.12 Among other things, the administrative board has authority to entertain a grower’s complaint that a processor has failed to pay for products under a contract, and to suspend a processor’s license until restitution is paid to the grower.13 Addressing the grower’s assertion that the administrative scheme failed to provide a remedy for recovery of his claimed damages (restitutive, compensatory and punitive), the McKee court stated: “It is certainly true . . . that despite this broad statutory framework, the Director has no authority to award damages directly. . . . [T]his apparently stems from the decision of the California Supreme Court in Jersey Maid. . . .

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