McHugh v. Santa Monica Rent Control Board
Supreme Court of California
777 P.2d 91 (1989)
Under the Santa Monica Rent Control Charter Amendment, the Santa Monica Rent Control Board (Board) (defendant) held hearings on two tenants' complaint that their landlord, McHugh (plaintiff), had overcharged them rent, found in the tenants' favor, and awarded them restitution of the excess. McHugh sought a writ of mandamus, arguing the Board's adjudication of excess rents unconstitutionally exercised judicial power reserved to the courts under Article VI, Section 1 of the California Constitution; the trial court agreed and invalidated the Charter Amendment, and the Board appealed.
Whether an administrative agency's award of monetary restitution violates the judicial powers clause of the California Constitution.