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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Decisions of New Jersey, Wisconsin, Oregon, West Virginia, Tennessee, Kentucky and Florida—all of which have “judicial powers” provisions substantially identical to article VI, section 1 of our own Constitution24 — are substantially in accord with the principles enunciated by the Maryland and Missouri courts. (New Jersey : Jackson v. Concord Co., supra, 253 A.2d 793, 800 [“[A]t this advanced date in the development of administrative law, we see no constitutional objection to legislative authorization to an administrative agency to award, as incidental relief in connection with a subject delegable to it, money damages, ultimate judicial review thereof being available.”]; see also Zahorian, supra, 301 A.2d 754, 760-763 [permitting housing discrimination agency to award restitutory damages for *370“economic loss,” and “minor” or “incidental” damages for “emotional distress”]; see generally David v. Vesta Co., supra, 212 A.2d 345, 357 [“‘If the doctrine of the separation of powers were a doctrinaire concept to be made use of with pedantic rigor, the use of the modern administrative agency would have been an impossibility in our law.’ ”]; Wisconsin: General Drivers & Helpers U, supra, 124 N.W.2d 123, 127 [state employee relations board’s order of money damages to cover backpay and vacation pay does not constitute the exercise of “ ‘judicial powers within the meaning of the Constitution’”];25 Oregon: Williams v. Joyce (Ore.Ct.App. 1971) 479 P.2d 513, 522 [“There is no constitutional impediment which bars the legislature from authorizing an administrative agency to award damages.”]; West Virginia: State Human Rights Commission v. Pauley (W.Va. 1975) 212 S.E.2d 77, 80 [agency awarded actual and punitive damages; court concluded there is “no constitutional objection to legislative authorization of such an award by an administrative agency”]; Pearlman, supra, 239 S.E.2d 145, 147-148 [extending Pauley to expressly allow administrative award of damages for humiliation, even if no monetary loss is proved]; Kentucky: Fraser, supra, 625 S.W.2d 852, 854 [discrimination commission’s authority to award damages for “humiliation and embarrassment” does not constitute “unconstitutional delegation or usurpation of judicial powers”];26 Tennessee: PlastiLine, supra, 746 S.W.2d 691, 692-693 [following Fraser, supra, 625 S.W.2d 852, and Percy Kent Bag Co., supra, 632 S.W.2d 480];27 Florida: Laborers’ Intern., L. 478 v. Burroughs (Fla.Dist.Ct.App. 1987) 522 So.2d 852, 856 *371(opn. on rehg.) [upholding administrative imposition of “back pay” and “front pay” in employment discrimination case].28) 29

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