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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In Labor Board v. Jones & Laughlin (1937) 301 U.S. 1 [81 L.Ed. 893, 57 S.Ct. 615, 108 A.L.R. 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. The court stated, “The Amendment. . . has no application to cases where recovery of money damages is an incident to equitable relief even though damages might have been recovered in an action at law.” (301 U.S. at p. 48 [81 L.Ed. at p. 918].) However, the damages at issue—backpay—were restitutive and quantifiable, analogous to special damages in an action at law. In context, therefore, the high court’s statement cannot be read as upholding the administrative award of general compensatory damages.

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