We do not adopt plaintiff interveners' suggested test incorporating the high court's "public rights" doctrine. Other courts have rejected broad attacks on administrative power to award monetary damages, but have not addressed expressly the constitutional issue posed here. 3d 364] of reparations is made is the practical equivalent of such power and, in fact, the most power which can constitutionally be afforded the Director in light of the decision in Jersey Maid.... 8) Report annually to the City Council of the City of Santa Monica on the status of controlled rental housing. That should be the end of the matter. Any arbitrariness in awarding treble damages is just as susceptible of correction by way of judicial review as arbitrariness in awarding "restitutive" compensatory damages. D), (e) & (f); Food & Agr. 4 [2a] In this case we must determine whether the challenged Charter Amendment provision unconstitutionally authorizes the Board to exercise "judicial powers" within the meaning of article VI, section 1. After a hearing officer made initial determinations and orders, all parties appealed to the Board. ¶] The instant case is not a suit to the common law or in the nature of such a suit. Kurt Gonska appointed to fill vacant Rent Control Board seat. Had the CFTC case presented the agency's authority to adjudicate only the reparations claim, it appears that the parties' consent to the administrative forum would have been of little or no significance. Notwithstanding the Director's inability to directly order the payment of damages, the Director's power to conditionally suspend a processor's license until payment [49 Cal.
In Investors, supra, 312 A. Neither plaintiff, nor the amicus curiae and interveners appearing on her behalf, offer a compelling reason to reach a different conclusion under our own constitutional provision. If the "gist" is legal, as [49 Cal. See Rody v. Hollis (1972) 81 Wn. Gonska is one of three candidates for three seats on the board this year, meaning the race is all but decided. Italics in original. Elliot said he wanted to serve the brief term to help make RCB meetings more accessible, Gilbert shared specific concerns about the building where he lives and Mouallem said he was working on an app to facilitate interactions between landlords and tenants and saw the opportunity as a chance to "give back. Santa Monica voters this fall will decide whether to dramatically tighten the city's cap on rent increases and authorize the rent board to ban rent increases altogether during states of emergency. Santa monica rent control board mar. 5) pursuant to section 1808.
Referring to Block v. Hirsh, supra, 256 U. The best way to serve democracy is through an elective process not an appointment and I want to conclude with my gratitude for you all. 2d 75, 81-85 [87 P. 2d 848]; Laisne v. Cal.
Dec 06, 2022 to Nov 03, 2026Appointing Authority. 3d 1379, we construed a provision of the Fair Employment and Housing Act authorizing remedies including "backpay" for employees discriminated against by their employers. 12), unanimously hold that no jury trial right exists as to adjudication of a matter otherwise properly within the regulatory power of an administrative agency. 2d 422, in which the Florida high court held unconstitutional, under the state judicial powers clause, the authority of a local human rights board to award "nonquantifiable" damages for "humiliation and embarrassment. " Investors F. Corp. Santa monica rent control board election. (1973) 270 Md. But they must concern matters of an executive character. The court responded: "Our prior cases support administrative factfinding in only those situations involving 'public rights, ' e. g., where the Government is involved in its sovereign capacity fn. "]; Ray v. Parker (1940) 15 Cal. 2d 754, noted: "But it would seem entirely evident that the recognition of administrative authority to make minor or incidental awards need not carry with it any authority to entertain a matter where, because of the severity of the consequential injury and the extensiveness of the claim, the item of damages has become primary and the other relief [a cease and desist order in a race discrimination case] incidental rather than the reverse.
"I feel there is a need for rent control as long as there are abuses in rent control, " she said. In Labor Board v. 1352], cited by the majority (ante, at p. 382), the high court rejected an employer's Seventh Amendment jury trial challenge to the administrative award of backpay. 619, 608 P. 2d 707]. Setting aside for the moment plaintiff's claims for damages in excess of the contract price, resort to the statutory remedy would have sufficed to make plaintiff whole, i. e., to attain for him the properly computed contract price for his olives. Neither the substantive-limitations test, nor our opinion, should be understood as sanctioning an administrative award of unlimited general compensatory damages. The court noted that under the statutory scheme at issue Congress had "created a new cause of action, and remedies therefor, unknown to the common law, and placed their enforcement in a tribunal supplying speedy and expert resolutions of the issues involved. XIV, § 4 [Workers' Compensation Appeals Board]; id., § 1 ["The Legislature may provide... Santa Monica voters to consider tighter rent control •. for the general welfare of employees and for [that purpose] may confer on a commission legislative, [49 Cal. Although the board did not have the authority to set rents, it was given the power to regulate and adjudicate all manner of landlord-tenant relations and disputes concerning "defective tenancies, " and to make various remedial orders to enforce its regulations and decisions.
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