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 Missouri court acknowledged that in exercising its authority the commission necessarily determined factual questions, and exercised discretion, and that it thereby “does exercise judicial functions.” (632 S.W.2d at p. 484.) Nevertheless, the court reasoned, this did not constitute exercise of “true judicial power.” It defined such power as “ ‘the power to “decide and pronounce a judgment and carry it into effect . . . ” ’ ” (ibid.), and noted that the commission had no such “final” authority: “It determines if the respondent employer has discriminated against the complainant, and it determines what orders to issue. But it cannot ‘pronounce a judgment and carry it into effect;’ only a court can enforce the Commission’s order. A party aggrieved by the Commission’s order may obtain judicial review of that order. [Citation.] After review, there is a judgment from a court to be enforced. If a decision is not appealed, the Commission must obtain a court order to enforce the Commission’s order. [Citation.] Of course, the respondent, against whom an order has been issued, may comply voluntarily with that order.” (Ibid., italics in original.)

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