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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[58] We recognize that in CFTC, supra, 478 U.S. 833, 848-850 [92 L.Ed.2d 675, 690-692], the high court recently discussed voluntary participation in administrative adjudication as a factor to be considered when deciding whether a matter may be resolved in a nonjudicial forum consistently with the federal judicial powers clause (U.S. Const., art. III, § 1). CFTC, however, is distinguishable. It involved the power of an administrative agency to resolve, in the course of an administrative reparations proceeding between a commodity futures customer and his broker, the broker's common law counterclaim. The power of the agency to adjudicate the underlying reparations claim was unchallenged. (Id. at p. 854 [92 L.Ed.2d at p. 695].) The counterclaim raised purely "private" common law disputes "of the kind assumed to be at the `core' of matters normally reserved to Article III courts." (Id. at p. 853 [92 L.Ed.2d at p. 694].)

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