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Administrative agencies are frequently involved in the adjudication of disputes (Worker's Compensation, Unemployment Compensation, reparations before the Interstate Commerce Commission, and the like).... Lesley and Gonska, along with Ivanov, were elected to three open seats on the Board after facing no competition. Code, §§ 13261, subds. 407, 411-413 [156 P. 491] [same] [dictum]. ) Youst v. Longo, supra, 43 Cal. 746 S. 693; see, e. g., Nevada Indus. 321, 369 P. 2d 937]. ) In a footnote to that statement, however, the court strongly suggested that a restitutive award such as is involved in this case would be within an administrative agency's constitutional authority: "We see a significant distinction between administrative awards of quantifiable damages for such items as back rent or back wages and awards for such nonquantifiable damages as pain and suffering or humiliation and embarrassment. A)), and a stay (id., subd. The other three applicants were Alex Elliot, chair of the Santa Monica Disabilities Commission, Ron Gilbert, a former building manager and Marc Mouallem, a real-estate agent and software developer. Christopher M. Harding, Mark Garrett, Lawrence & Harding and Rhodes, Maloney Hart, Mullen, Jakle & Harding for Plaintiff and Respondent. Jacobson reported raising $2, 280 and spending $446. 2d 790, 794-795 [136 P. 2d 304]; Bixby v. Pierno (1971) 4 Cal. Santa monica rent board. Get up to speed with our Essential California newsletter, sent six days a week.

City Of Santa Monica Rent Control

Only Commissioner Daniel S. Ivanov, who was elected in November, was initially chosen by voters, and not board members. 196] [license conditionally revoked; licensee subject to 300-day suspension on condition it make restitution]), and we have referred to the exercise of such power with apparent approval. 477-478]), and summarized as follows: "The point is that the Seventh Amendment was never intended to establish the jury as the exclusive mechanism for factfinding in civil cases. How Come There Isn't One Landlord on Santa Monica Rent Control Board. A. California cases. Former Employee Becomes Fourth Appointed Rent Board Member. 2d 793, 800]; see also David v. Vesta Co. (1965) 239 Md. If the power of the commission established by the statute to regulate the relation is established, as we think it is, by what we have said, this objection amounts to little.

Santa Monica Rent Control Board Members Area

The City Council approved placing the measures before voters last week. It is obviously not compensatory, but punitive. "We have to protect the rental housing stock, " he said. Plaintiff here appears to concede the exercise of this type of restitutive/remedial power by a licensing board does not violate article VI, section 1 of our Constitution. As we explain below, prior California cases provide no direct guidance on the propriety of administrative restitutive money awards. If we conclude that "restitutive" compensatory damages to remedy individual harm are necessary to the fulfillment of the [49 Cal. '"]; Wisconsin: General Drivers & Helpers U., supra, 124 N. 2d 123, 127 [state employee relations board's order of money damages to cover backpay and vacation pay does not constitute the exercise of "'judicial powers within the meaning of the Constitution'"]; fn. Santa Monica voters to consider tighter rent control •. Plaintiff asserts the director's power held unconstitutional in Jersey Maid is indistinguishable from the Board's authority to determine excess rents and order reparations under section 1809, subdivision (b). Madok said his situation is evidence that landlords need relief provided by Proposition U, while Abrescia said her experience reinforced her belief that tenants still need the protection of rent control. Cf., 2 Areeda & Turner, Antitrust Law (1978) ¶ 331b2, page 150, discussing policy reasons against private actions for treble damages under the federal antitrust laws: "[The] common law's usual discomfort with imposing unforeseen liability is greatly exacerbated when compensatory damages are automatically trebled. Two of the candidates--one from each slate--have had personal experience with the Ellis Act.

Santa Monica Rent Control Department

The ordinance provides that a tenant "may deduct the penalty from future rent payments in the manner provided by the Board. " The board was established by local government to "comprehensively regulate the apartment rental business. " Nevertheless, the court reasoned, this did not constitute exercise of "true judicial power. " An incompetent physician or unsafe hospital should not provide services pending judicial review of a suspension or revocation order. During her parting comments Phillis urged her colleagues not to fill the vacancy left by her resignation on the five-member Board and, instead, let the voters pick a replacement in November. In this fashion the Board's order is given immediate practical effect: before the landlord has even the opportunity to obtain judicial review by petition for writ of mandate fn. Gonska's term began immediately following the Sept. 8 vote and his name will appear on the November ballot for voters to elect him for a full term. 247, a medical licensing case, that exercise of power to revoke a license is "judicial in its nature, " and "quasi-judicial. 50 [7b] That approach, however, does not resolve plaintiff interveners' claim that adjudication of a dispute between private parties in an administrative forum is impermissible because a jury trial is unavailable. As we observed, ante, footnote 4, effective January 1, 1987, "penalties and sanctions" may not be imposed against a landlord who is in "substantial compliance" with a rent control ordinance. Santa monica rent control department. They relate to matters which serve to make the aggrieved employee whole in the context of the employment. 2d 345, 357 ["'If the doctrine of the separation of powers were a doctrinaire concept to be made use of with pedantic rigor, the use of the modern administrative agency would have been an impossibility in our law.

City Of Santa Monica Rent Control Board

If, on the other hand, the term "quasijudicial" were understood as encompassing administrative powers meeting the test set out herein, use of the term as a shorthand means of describing the permissible scope of administrative power would be unobjectionable. The first is that other methods such as "imposition of fines or penalties, awards of costs and attorney fees" could be used to induce compliance with the rent control ordinance, and there is no reason to think these would be insufficient. Santa monica rent control board members.shaw.ca. Thereafter a tenant may withhold rent up to the amount specified by the Board. The majority explain that the Board can avoid the constitutional problem by regularly staying enforcement of its orders for a period of time sufficient to allow an aggrieved party to seek a stay from the superior court. Their argument fails under the second prong of their test because, according to the very cases on which plaintiff interveners rely, the interests at issue here would be deemed "public" rights properly adjudicable by an administrative agency without a jury. The Rent Control Board came into existence as a result of a vote of the people on April 10, 1979.

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C. Constitutional Propriety of the Powers at Issue in This Case. Right to a jury trial. Block v. 135, 158 [65 L. 865, 872]; James & McLaughlin, supra, 301 U. We will conclude that administrative adjudication of excess rent claims under the Charter Amendment does not, in and of itself, violate the judicial powers clause. The Fair Employment and Housing Commission (FEHC) is authorized to order reinstatement of employment "with... backpay" under Government Code section 12970, subdivision (a). Initially, the courts reacted to this executive expansion with the suspicion and fear that the burgeoning bureaucracy would endanger the prevailing concepts of individual rights. ] This summary statement constitutes the court's entire discourse on the issue. 103 L. 2d 602, 618, 109 S. 1361, 1371] [usury and breach of fiduciary duty claims under state law involved "'private rights' which are at the 'core' of 'matters normally reserved to article III courts'"; allowing administrative agency to resolve such suits would "raise[] serious constitutional difficulties"] [dictum]. ) 8 Additionally, another provision in the same act formerly allowed the FEHC to award "actual... LOCAL ELECTIONS: RENT CONTROL BOARD : Tenants' Slate Holds Upper Hand : Santa Monica: The fate of two competing rent control propositions, however, is still unclear. damages" for housing discrimination. 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.

Santa Monica Rent Board

Mosk, J., Eagleson, J., Kaufman, J., and Arguelles, J., * concurred. It suggested, however, that had the parties not consented to agency adjudication of the counterclaim, resolution of that matter would have violated the customer's "personal right" under article III, section 1 to a judicial determination of the broker's counterclaim. 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. 3d 355] charged after the hearing examiner's findings) plus $51. Thus, for example, a regional water quality control board may issue a cease and desist order against a party discharging or threatening to discharge prohibited waste. We explain below the guiding principles we glean from these decisions.

568, the same is true of administrative schemes involved in the high court's cases (most notably the landlord-tenant scheme in Block v. 135), yet the court has never found exercise of administrative power improper on that ground. Most important, as we explain below, the intervening five decades of case law show that unquestioning and rigid adherence to Jersey Maid's holding would place us out of step with every sister-state court of this country that has considered administrative awards of "restitutive" damages.

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