Section 1808

Citation: Section 1808 (3)
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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(3) When, as here, a decision treats an issue in a "summary and conclusory" manner, and is "virtually devoid of reasoning," its authoritative status is undermined. (City of Berkeley v. Superior Court (1980) 26 Cal.3d 515, 533 [162 Cal. Rptr. 327, 606 P.2d 362].) Moreover, we note that Jersey Maid addressed an issue of first impression without discussing precedents from other jurisdictions, or the policy implications of its rule. (I.J. Weinrot & Son, Inc. v. Jackson (1985) 40 Cal.3d 327, 336 [220 Cal. Rptr. 103, 708 P.2d 682].) Most important, as we explain below, the intervening five decades of case law show that unquestioning and rigid adherence to Jersey Maid's holding would place us out of step with every sister-state court of this country that has considered administrative awards of "restitutive" damages. Given this fact, we decline to treat Jersey Maid with the same deference we would normally accord an earlier opinion under the doctrine of stare decisis.

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