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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*385 Considering the court's statements in Block v. Hirsh, supra, 256 U.S. 135, Jones & Laughlin, supra, 301 U.S. 1, and Pernell, supra, 416 U.S. 363  and the characterization of those cases in Atlas Roofing, supra, 430 U.S. 442  it seems clear that the high court would view the matters at issue in this case (a claim of excess rent and adjudication thereof under the ordinance) as involving "public rights," and hence properly resolved by an administrative agency without a jury. Indeed, in a recent discussion of the public rights doctrine, the high court confirmed this view: "The Court has treated as a matter of `public right' ... an administrative proceeding to determine the rights of landlords and tenants. See Atlas Roofing [, supra, 430 U.S. at pp. 454-455], citing as an example of `public rights' the federal landlord/tenant law discussed in Block v. Hirsh, [supra, 256 U.S. 135]...." (Thomas, supra, 473 U.S. 568, 588-589 [87 L.Ed.2d at p. 425].)

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