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 landlords asserted such remedial powers were judicial in nature, and therefore could not be exercised by the administrative agency. (312 A.2d at *368p. 243.) Rejecting that claim, the court first noted that the board did not make “final,” but merely “initial” decisions, because an aggrieved party could seek judicial review of the board’s decision. Nor, the court reasoned, was the board’s decision “binding”: the board had no power to enforce its orders; instead, court action was necessary to enforce the board’s orders. Thus, the court concluded, the “principle of check” stressed by Professor Davis, ante, page 361, was not violated by the administrative adjudicatory scheme. (Ibid.)

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