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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The substantive limitation is expressed in an opinion of the New Hampshire Supreme Court: “As a rule which meets most situations, when an executive board has regulatory functions, it may hear and determine controversies which are incidental thereto, but if the duty is primarily to decide questions of legal right between private parties, the function belongs to the judiciary. . . . [¶] The creation of an executive board is justified if its service is to determine and maintain a public right or interest. To accomplish its purposes judicial powers may be necessarily exerted. But they must concern matters of an executive character. They are proper if it may fairly be said that there is need of them in order to produce an efficient and effective administrative enforcement of the public interest. . . . [¶] Whatever the borderland of doubt and interchange, argument seems unneeded to demonstrate that the function of trying and deciding litigation is strictly *367and exclusively for the judiciary when it is between private parties, neither of whom seeks to come under the protection of a public interest and to have it upheld and maintained for his benefit.” (In re Opinion of the Justices (1935) 87 N.H. 492 [179 A. 344, 345-347, 110 A.L.R. 819.)20

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