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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Under federal law, the right to jury trial does not attach to the administrative adjudication of “public rights.” (Atlas Roofing, supra, 430 U.S. 442, 455, 460 [51 L.Ed.2d 464, 475, 478].) Behind the “public rights” doctrine lies the idea that when a legislative body acts by statute to promote *382the general welfare, it is not precluded from establishing administrative enforcement of its statutory scheme—even if some incidental “private” interests (e.g., a money judgment made payable by one private party to another) are thereby affected. Contrary to plaintiff interveners’ position, it is quite clear that the rent control matters involved here fall within the traditional scope of the federal “public rights” doctrine. A line of high court cases demonstrates that point.

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