As observed above, there is no modern decision of this state addressing the precise administrative remedial power challenged here. 24 [state constitutional provisions]; U. S. III, § 1 [reservation of judicial powers to the courts]. ) 3d 367] and exclusively for the judiciary when it is between private parties, neither of whom seeks to come under the protection of a public interest and to have it upheld and maintained for his benefit. " The portion of the ordinance providing for an award of an additional $500, or three times the overcharge, whichever is greater, is clearly punitive and designed to enhance enforcement. Santa Monica voters to consider tighter rent control •. The court then reviewed the historical context of the federal jury trial provision (430 U. Separate concurring and dissenting opinion by Broussard, J. ) 3d 232, the Court of Appeal construed that statute and upheld an award of "punitive" damages in a housing discrimination case.
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Youst v. Longo, supra, 43 Cal. Plaintiff also sought to enjoin the Board from acting on any complaints for excess rent under the former subdivision. Considering the court's statements in Block v. 363 -- and the characterization of those cases in Atlas Roofing, supra, 430 U. 4th 312]; A. P. Green Serv. Hohreiter v. Garrison (1947) 81 Cal. Cooper, supra, State Administrative Law, pp.
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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. 3d 379] to induce compliance with their regulatory authority (e. g., imposition of fines or penalties, awards of costs and attorney fees), and there is no reason to believe that such options would be insufficient here. They cannot; their own citations demonstrate that the matter is settled at the state and federal levels, and that many of our own state regulations provide for administrative penalties. The trial court erred therefore in concluding that the Board exercised judicial powers in violation of the Constitution by adjudicating (subject to judicial review) tenants' claims for excess rents, and ordering restitution of the excess amounts. We have had little or no concern [49 Cal. 2d 464, 475]; Helvering v. Mitchell (1938) 303 U. We have not yet been called on to construe the applicability of this constitutional provision to that commission. The court relied on Broward County v. La Rosa (Fla. 1987) 505 So. As a factual matter, the only reason that the order here became "self-executing" and the tenant withheld rent before the court had an opportunity to decide whether to stay the order was that the landlord waited three months before requesting a stay. Santa monica rent control board members ... p. 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. The Jersey Maid Decision. The treble damage award here is a penalty against the landlord for failing to comply with the ordinance. Responsibilities, Jurisdiction, and Authority. 1] We have often noted that agencies not vested by the Constitution with judicial powers may not exercise such powers.
See General Drivers, supra, 124 N. 127. They provide no authority for this view. The court continued: "[The Board is] 'an administrative body or arm of the government, which in the course of its administration of a law is empowered to ascertain some questions of fact and apply the existing law thereto, and in so doing acts quasi-judicially; but it is not thereby vested with judicial power in the constitutional sense. '" Of Bigelow-L. State F. (1974) 19 875 [312 N. 2d 314]. Of course, the respondent, against whom an order has been issued, may comply voluntarily with that order. Kurt Gonska appointed to fill vacant Rent Control Board seat. " The Board uses appointments rather than elections to fill unscheduled vacancies, and has never appointed a landlord to serve on it. C. Guiding principles: substantive and procedural limitations on the remedial power of administrative agencies. Burger, C. ]; Crowell v. Benson (1932) 285 U.
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The narrow holding of this case is only that the Board's order was unconstitutional because it did not allow the landlord sufficient time to seek [49 Cal. 24 -- are substantially in accord with the principles enunciated by the Maryland and Missouri courts. "]; see also Bixby, supra, 4 Cal. If a decision is not appealed, the Commission must obtain a court order to enforce the Commission's order. ] No appearance for Real Parties in Interest and Respondents. The detailed procedure outlined by the statutes makes clear the Director's power is more than mere investigatory power without any procedural mechanism by which the person aggrieved can obtain relief.... " (186 at p. Santa monica rent control board mar. 1238, italics added. ) 1352], the court held the Seventh Amendment does not apply in an administrative action before the National Labor Relations Board involving an employee's backpay claim against his employer. Ed Simonian, 51, owns two buildings with a total of nine units. Our court as well has previously noted the importance of administrative agencies in our modern government. Its authority is derived from the local police powers (Fisher v. City of Berkeley (1984) 37 Cal. 3d 130, 138-144 [93 Cal.
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Barbara Miller, 46, said she decided to run for the rent board after fighting off two eviction attempts by her landlord. The four candidates with the SMRR endorsement are running coordinated campaigns. Right to a jury trial. It is a statutory proceeding.
We find nothing unconstitutional in the administrative award of damages under this statute where due process procedural rights have been protected, where prohibited conduct has been well defined in the governing statute, and where judicial review is available. Thus while the statutory procedure is facially punitive, its effect is to provide an administrative remedy clearly relevant to plaintiff's claim. XIV, § 4 [Workers' Compensation Appeals Board]; id., § 1 ["The Legislature may provide... for the general welfare of employees and for [that purpose] may confer on a commission legislative, [49 Cal. Santa monica rent control board members area. 3d 369] statement therein, that determination of money recovery is a judicial function reserved to the courts alone, was dictum. We emphasize at the outset the limited question posed here.