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... ↗

Full Text

768 chars

*384The Atlas Roofing court next rejected the assertion that allowing administrative adjudication of certain disputes would permit Congress to “destroy the right to a jury trial by always providing for administrative rather than judicial resolution of the vast range of cases that now arise in courts.” (430 U.S. at p.457 [51 L.Ed.2d at p. 477].) The court responded: “Our prior cases support administrative factfinding in only those situations involving ‘public rights,’ e.g., where the Government is involved in its sovereign capacity[56] under an otherwise valid statute creating enforceable public rights. Wholly private tort, contract, and property cases, as well as a vast range of other cases, are not at all implicated.” (Id. at p. 458 [51 L.Ed.2d at p. 477].)

Other Sections in This Document (387)

Full Text