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Deukmejian, supra, 48 Cal. Dare v. of Medical Examiners (1943) 21 Cal. See, e. g., County Coun., Montgomery Cty. Plaintiff asserts Jersey Maid controls this case, and requires that we affirm the trial court. LOCAL ELECTIONS: RENT CONTROL BOARD: Tenants' Slate Holds Upper Hand: Santa Monica: The fate of two competing rent control propositions, however, is still unclear.
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Youst v. Longo, supra, 43 Cal. "The judicial power of the state shall be vested in a supreme court, a court of appeals consisting of districts as prescribed by law, and circuit courts. Hohreiter v. Garrison (1947) 81 Cal. As a factual matter, the only reason that the order here became "self-executing" and the tenant withheld rent before the court had an opportunity to decide whether to stay the order was that the landlord waited three months before requesting a stay. 15 ["We do not mean to imply that the Board is [49 Cal. 50 in treble damages ($470. Cases dealing with administrative licensing agencies, however, suggest that such agencies may properly order reparations as a probationary condition of a licensee, and hence these cases shed some light on the issue posed here. As we explain below, prior California cases provide no direct guidance on the propriety of administrative restitutive money awards. He said he visited tenants seeking rent reductions and was "surprised and shocked by their living conditions. In Kentucky, and elsewhere, this authority of administrative bodies extends to the determination of liabilities between individuals.... Kurt Gonska appointed to fill vacant Rent Control Board seat. The appointee is always another SMRR (Santa Monican for Renters' Rights) member and never a landlord. He says landlords, particularly the small owners, need relief and need to be treated fairly and with respect by the rent board if they are to stay in business. Each applicant was given three minutes to present their case to the board for why they should be chosen. Robert Madok, 26, is a law student at USC who has lived in Santa Monica for less than three years.
3d 389] statute and mere doubt does not afford sufficient reason for a judicial declaration of invalidity. Code, §§ 13261, subds. Franzaroli (1970) 357 Mass. Notwithstanding the Director's inability to directly order the payment of damages, the Director's power to conditionally suspend a processor's license until payment [49 Cal. 8] When deciding whether a jury trial is required for a matter prosecuted in court we look to the "gist of the action. " They relate to matters which serve to make the aggrieved employee whole in the context of the employment. Behind the "public rights" doctrine lies the idea that when a legislative body acts by statute to promote [49 Cal. See County of Alameda v. Board of Retirement (1988) 46 Cal. For example, in this very case, once the landlord did request a stay, the court granted one, adding an order to the tenant to pay the withheld rent, retroactive to April 1, into a trust account held by the landlord's attorney, until the matter had been finally adjudicated in court. Agricultural Labor Relations Bd. 244, 345-347, quoted ante, page 366; Jaffe, supra, Judicial Control of Administrative Action, page 97. Santa monica rent control board members wordpress. 2d 555 [324 N. 2d 297, 272 N. 2d 884] (mem. But they must concern matters of an executive character. 45 nor do we consider the propriety of relatively minor "punitive damages" under statutory schemes that expressly authorize such damages, and set a cap on such awards.
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In addition, section 1809 of the Charter Amendment permits a court action for damages. 2d 444, 446 [65 P. 2d 1296, 115 A. Although the board did not have the authority to set rents, it was given the power to regulate and adjudicate all manner of landlord-tenant relations and disputes concerning "defective tenancies, " and to make various remedial orders to enforce its regulations and decisions. Owners of more than 1, 100 units have notified city officials of their intent to evict tenants. Nonetheless we invalidated -- on grounds that it violated the Constitution's judicial powers clause -- a provision allowing the director to entertain and resolve complaints by milk producers against milk distributors. 39 Plaintiff asserts that by allowing such withholding, and by setting up the Board's decision as a defense to any unlawful detainer action based on nonpayment of rent, the Board in practical effect issued a self-enforceable judgment, thereby violating the judicial powers clause. Santa monica rent control board election. The candidates for the two-year term are Robert Niemann, a substitute math teacher who has been endorsed by SMRR, and James L. Jacobson, a property management consultant who ran unsuccessfully for the board in 1984. New Jersey: Jackson v. Concord Co., supra, 253 A.
Indeed, we observe that after the award in this case, the Charter Amendment was revised to delete the Board's power to award such damages -- see ante, footnote 2. ) E. g., State v. Bergeron (1971) 290 Minn. 351 [187 N. 2d 680, 682-684] [state antidiscrimination commission has power to remedy illegal transfers of real property by compelling defendant to cancel a fraudulent transfer, and offer the property for sale to the person discriminated against]. ) At least one statute provides for "punitive damages" of up to $1, 000 to be awarded by the FEHC in housing discrimination matters. The Seventh Amendment is no bar to the creation of new rights or to their enforcement outside the regular courts of law. They always appoint someone who will have the advantage of being listed as an incumbent in the next election. We note that our sister states have approved in principle the authority of administrative agencies to impose money penalties as a reasonable means of enforcing administrative regulations. The court also rejected the landlord's jury trial claim: "The statute is objected to on the further ground that landlords and tenants are deprived by it of a trial by jury on the right to possession of the land. Santa monica rent control board mar. The seat currently occupied by Naomi Sultan, who is completing her first term, is also on the ballot. No appearance for Real Parties in Interest and Respondents.
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The majority are concerned that the power to award treble damages makes the risk of arbitrariness "inherent in any scheme of administrative adjudication" too high. 391 [82 L. 917, 58 S. 630] [tax penalty]; Lloyd Sabaudo Societa v. Etling (1932) 287 U. In a footnote to that statement, however, the court strongly suggested that a restitutive award such as is involved in this case would be within an administrative agency's constitutional authority: "We see a significant distinction between administrative awards of quantifiable damages for such items as back rent or back wages and awards for such nonquantifiable damages as pain and suffering or humiliation and embarrassment. We have had little or no concern [49 Cal. Mosk, J., Eagleson, J., Kaufman, J., and Arguelles, J., * concurred. LOCAL ELECTIONS: RENT CONTROL BOARD : Tenants' Slate Holds Upper Hand : Santa Monica: The fate of two competing rent control propositions, however, is still unclear. 3d 372] has neglected to address them. Many litigants take this risk; it is not a risk with constitutional significance.
The challenged section permitted the director to "determine the amount of damage, if any, to which a complainant is entitled as a result of a failure of the distributor to pay for fluid milk or fluid cream as in this chapter provided, and in such case the director may make an order directing the offender to make reparation and pay to such person complaining such amount on or before the date fixed in the order. Plaintiff filed a petition for writ of mandate (Code Civ. Thereafter Plevka withheld his rents for April, May, and June. Santa Monica voters to consider tighter rent control •. 3d 205, 211, 214 [98 Cal.
3d 367] and exclusively for the judiciary when it is between private parties, neither of whom seeks to come under the protection of a public interest and to have it upheld and maintained for his benefit. " We observe, however, that even under that approach, plaintiff was not entitled to a jury trial under article I, section 16 of the California Constitution.
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