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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Subsequently, in Pernell v. Southall Realty (1974) 416 U.S. 363 [40 L.Ed.2d 198, 94 S.Ct. 1723], the high court considered a tenant's jury trial claim in a court action by a landlord to recover possession of real property. *383 The court concluded that because a statute directed that such matters be heard in court  rather than before an administrative agency  and because repossession actions in court were triable by jury at common law, the right to jury trial was preserved under the statute at issue. (Id. at p. 383 [40 L.Ed.2d at p. 213].) The court made it clear, however, that the legislature could have established a nonjury trial scheme if it had deemed it appropriate to relegate adjudication of such disputes to an administrative agency. Referring to Block v. Hirsh, supra, 256 U.S. 135, the court stated that decision "stands for the principle that the Seventh Amendment is generally inapplicable in administrative proceedings, where jury trials would be incompatible with the whole concept of administrative adjudication. See ... Jones & Laughlin [, supra, 301 U.S. 1]. We may assume that the Seventh Amendment would not be a bar to a congressional effort to entrust landlord-tenant disputes, including those over the right to possession, to an administrative agency ...." (416 U.S. at p. 383 [40 L.Ed.2d at p. 213], italics added.)

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