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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Finally, the court concluded: "Thus, history and our cases support the proposition that the right to a jury trial turns not solely on the nature of the issue to be resolved but also on the forum in which it is to be resolved." (430 U.S. at pp. 460-461 [51 L.Ed.2d at p. 479], italics added.) The court noted that under the statutory scheme at issue Congress had "created a new cause of action, and remedies therefor, unknown to the common law, and placed their enforcement in a tribunal supplying speedy and expert resolutions of the issues involved. The Seventh Amendment is no bar to the creation of new rights or to their enforcement outside the regular courts of law." (Id. at p. 461 [51 L.Ed.2d at p. 479].) The court thus affirmed the agency's power to issue abatement orders and impose civil money penalties.

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