Section 1805

Citation: Section 1805
Parent Document: Ocean Park Associates v. Santa Monica Rent Control Board, 8 Cal. Rptr. 3d 421 (2004)
Jurisdiction: California (state)
Effective Date: 2004-01-07
Original Source: https://www.courtlistener.com/opinion/2295617/ocean-park-associates-v-santa-m... ↗

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decision instructs courts faced with challenges to an agency’s quasi-judicial powers to “carefully apply the ‘reasonable necessity/legitimate regulatory purpose’ requirements in order to guard against unjustified delegation of authority to decide disputes that otherwise belong in the courts”; to “inquire whether the challenged remedial power is authorized by legislation, and reasonably necessary to accomplish the administrative agency’s regulatory purposes”; and to “closely scrutinize the agency’s asserted regulatory purposes in order to ascertain whether the challenged remedial power is merely incidental to a proper, primary regulatory purpose, or whether it is in reality an attempt to transfer determination of traditional common law claims from the courts to a specialized agency whose primary purpose is the processing of such claims.” (McHugh v. Santa Monica Rent Control Bd., supra,

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