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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Similarly, in Labor Board v. Jones & Laughlin (1937) 301 U.S. 1 [81 L.Ed. 893, 57 S.Ct. 615, 108 A.L.R. 1352], the court held the Seventh Amendment does not apply in an administrative action before the National Labor Relations Board involving an employee's backpay claim against his employer. The court rejected the employer's assertion that the Board's award of backpay "is equivalent to a money judgment and hence contravenes the Seventh Amendment with respect to trial by jury." (Id. at p. 48 [81 L.Ed. at p. 918].) The court responded: "The Amendment ... has no application to cases where recovery of money damages is an incident to equitable relief even though damages might have been recovered in an action at law. [Citations.] It does not apply where the proceeding is not in the nature of a suit to the common law. [Citation.] [¶] The instant case is not a suit to the common law or in the nature of such a suit. The proceeding is one unknown at common law. It is a statutory proceeding. Reinstatement of the employee and payment for time lost are requirements [administratively] imposed for violation of the statute and are remedies appropriate to its enforcement. The contention under the Seventh Amendment is without merit." (Id. at pp. 48-49 [81 L.Ed. at p. 918].)

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