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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[16] Preliminarily, we note that some United States Supreme Court cases address, in the context of article III of the federal Constitution, issues similar to those posed here. (See, e.g., Commodity Futures Trading Comm'n v. Schor (1986) 478 U.S. 833 [92 L.Ed.2d 675, 106 S.Ct. 3245] [upholding commission's jurisdiction over counterclaim state cause of action in reparations action; court emphasized parties' consent to agency adjudication] [discussed post, fn. 58]; Thomas v. Union Carbide Agric. Products Co. (1985) 473 U.S. 568 [87 L.Ed.2d 409, 105 S.Ct. 3325] [approving administrative determination of money claims between private parties subject to administrative regulation]; Northern Pipeline Co. v. Marathon Pipe Line Co. (1982) 458 U.S. 50, 92 [73 L.Ed.2d 598, 628, 102 S.Ct. 2858] ["[A] `traditional' state common-law action, not made subject to a federal rule of decision, and related only peripherally to an adjudication of bankruptcy under federal law, must, absent the consent of the litigants, be heard by an `Art. III court' if it is to be heard by any court or agency of the United States."] [Burger, C.J., dis.]; Crowell v. Benson (1932) 285 U.S. 22, 51 [76 L.Ed. 598, 612-613, 52 S.Ct. 285] [workers' compensation agency has authority to decide "a private right, that is, of the liability of one individual to another"]; see also Atlas Roofing Co. v. Occupational Safety Comm'n (1977) 430 U.S. 442, 454-455 [51 L.Ed.2d 464, 475, 97 S.Ct. 1261] [upholding commission's power to adjudicate and impose fines: "`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.'"] [discussed post, pp. 383-384].)

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