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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 1808

Citation
Section 1808 (9a)
Parent Document
McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-17

Other Sections in This Document (387)

Full Text

557 chars
(9a) Plaintiff interveners suggest there is or should be a state constitutional right to jury trial if (i) the administrative body is "nonconstitutional" (see ante, pp. 355-356), (ii) the rights involved are "private" rather than "public," and (iii) the "private" right is grounded in the common law. Their argument fails under the second prong of their test because, according to the very cases on which plaintiff interveners rely, the interests at issue here would be deemed "public" rights properly adjudicable by an administrative agency without a jury.