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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Almost 50 years ago we held an ostensibly similar grant of power to an administrative agency unconstitutional under article VI, section 1. (Jersey Maid Milk Products Co. v. Brock (1939) 13 Cal.2d 620, 651-652 [91 P.2d 577]; see also Pacific Coast Casualty Co. v. Pillsbury (1915) 171 Cal. 319, 322 [153 P. 24] [commission that is authorized to finally settle liability disputes between employers and employees exercises judicial power] [dictum]; Western Metal Supply Co. v. Pillsbury (1916) 172 Cal. 407, 411-413 [156 P. 491] [same] [dictum].) Plaintiff asserts Jersey Maid controls this case, and requires that we affirm the trial court. As we explain below, however, we decline to apply Jersey Maid's holding to the challenged remedial powers in this case.

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