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

1,230 chars

Nonetheless we invalidated  on grounds that it violated the Constitution's judicial powers clause  a provision allowing the director to entertain and resolve complaints by milk producers against milk distributors. The challenged section permitted the director to "determine the amount of damage, if any, to which a complainant is entitled as a result of a failure of the distributor to pay for fluid milk or fluid cream as in this chapter provided, and in such case the director may make an order directing the offender to make reparation and pay to such person complaining such amount on or before the date fixed in the order." (13 Cal.2d at p. 651.)[5] Responding to the contention that this provision improperly clothed the director with judicial power, we stated, "There can be no answer to this contention. No citation of authority is necessary to support the same. While the attorney-general does not concede the invalidity of this provision of said section, he makes no attempt to defend its constitutionality, and we must therefore assume that he recognizes the serious defect in this provision of said section...." (Id. *358 at pp. 651-652.) This summary statement constitutes the court's entire discourse on the issue.

Other Sections in This Document (387)

Full Text