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XVIII, Santa Monica City Charter, hereafter Charter Amendment) which provides for administrative adjudication of excess rent claims and imposition of treble damages (id., [49 Cal. 234, 481 P. 2d 242]. ) Following are brief backgrounds on each of the candidates, in the same order as on the ballot: Jay P. Johnson, 47, was appointed to the rent board to replace Julie Lopez Dad in March as a compromise candidate after a split board could not agree on several other candidates. The result in McKee, although consistent with the modern trend throughout the nation (see post, pp. 32 For example, the authority of the FEHC to award backpay might thereby be called in doubt (see ante, fn. 2d 444, 445-446; Drummey v. LOCAL ELECTIONS: RENT CONTROL BOARD : Tenants' Slate Holds Upper Hand : Santa Monica: The fate of two competing rent control propositions, however, is still unclear. State Bd. Applying that standard in a court action for treble damages under a 1947 federal rent control statute, the court in Grossblatt, supra, 108 Cal. See Charter Amendment section 1808 (Board's decision is "appeal[able] to the appropriate court within the jurisdiction"). "I saw tenants in tears because they reached their emotional breaking point, " Guinn said. "[A]rticle VI disposes of all judicial power not expressly disposed of elsewhere in the Constitution.... [A]lthough the Legislature retains the authority to grant a multitude of powers to local bodies pursuant to article XI, powers of a judicial nature are no longer at its disposal. " G)), the tenant is allowed to withhold rent money otherwise due.

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I, § 16) to the administrative award of damages, the majority adopts the substantive-limitations test earlier applied in the context of the judicial powers doctrine. Under present procedures, the Board possesses the ability to make an order that, although not "final" or "self-enforcing" in the typical sense of those terms, is in fact immediately enforceable in a real sense at the discretion of a private party. Under the revised version, treble damages are available only in a court action. Along with Gonska, the likely RCB members this fall will be Ericka Lesley, an incumbent appointed to the board following another vacancy this summer, and Daniel S. How Come There Isn't One Landlord on Santa Monica Rent Control Board. Ivanov, an attorney and first-time RCB candidate. If we conclude that "restitutive" compensatory damages to remedy individual harm are necessary to the fulfillment of the [49 Cal. SMRR started in the 1970s as an advocacy group for renters, but has evolved into a political organization that has controlled every lever of power in Santa Monica for 42 years until 2020 when their grip on the City Council was loosened. We will conclude that administrative adjudication of excess rent claims under the Charter Amendment does not, in and of itself, violate the judicial powers clause.

For the purpose of effective judicial review, there is no distinction between an immediately effective order suspending or revoking a license or requiring a licensee to reimburse a sum of money, an order requiring a polluter to cease and desist, and an order authorizing the withholding of rent. Some of these agencies are created by the Constitution, and are thereby vested with certain judicial powers (e. g., arts. The landlords asserted such remedial powers were judicial in nature, and therefore could not be exercised by the administrative agency. Opn., ante, at p. 372. 442 -- it seems clear that the high court would view the matters at issue in this case (a claim of excess rent and adjudication thereof under the ordinance) as involving "public rights, " and hence properly resolved by an administrative agency without a jury. 461 [51 at p. 479]. ) In accordance with the City Charter, whenever there is an unscheduled vacancy on the Board, they make an appointment. 363 [40 L. 2d 198, 94 S. 1723], the high court considered a tenant's jury trial claim in a court action by a landlord to recover possession of real property. G., Drummey, supra, 13 Cal. ¶] But candor compels recognition of the hard fact that these statements have become mere shibboleths, shattered by the hard course of decision -- reverently repeated, but not followed in practice. Furthermore, former subdivision (b) of section 1809 established an alternative administrative remedy: "In lieu of filing a civil action as provided for in Section 1809 (a), the Board shall establish by rule and regulation a hearing procedure [to determine claimed violations of the regulatory system]. I'm really proud of the work we're done together and leaving Santa Monica is very, very bittersweet. Santa Monica voters to consider tighter rent control •. 17 Instead, a more tolerant approach to the delegation of judicial powers has emerged out of a perceived necessity to accommodate administrative [49 Cal.

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In an administrative action, a more limited "penalty" is available: "a landlord... may be liable for an additional amount not to exceed five hundred dollars ($500), for costs, expenses incurred in pursuing the hearing remedy, damages and penalties. "Having gone through it myself, having seen how effective you all are when you work with tenants who are having issues to help them navigate and get resolution on those issues, I really feel passionate about joining you and helping my neighbors, helping fellow Santa Monicans navigate those issues and take advantage of the rights they have here, " he told the board. Plaintiff also sought to enjoin the Board from acting on any complaints for excess rent under the former subdivision. It is true, as plaintiff notes, that in the course of vindicating a general "public right" in the enforcement of maximum rents, the administrative proceedings challenged here also determine the rights of private individuals as they relate to those rents. The trial court erred therefore in concluding that the Board exercised judicial powers in violation of the Constitution by adjudicating (subject to judicial review) tenants' claims for excess rents, and ordering restitution of the excess amounts. Since a Board order authorizing withholding of rent authorizes a future act, it may be effective immediately in the sense that the aggrieved party can immediately seek review of the order, but it is not enforceable in the sense that the tenant can immediately do anything unless the order is filed the day the rent is due. I agree that it is not a violation of the separation of powers doctrine to authorize an administrative agency to adjudicate claims between individuals when this power is reasonably necessary to effectuate the agency's legitimate regulatory purpose, and when the essential judicial power remains in the courts by way of judicial review of agency determinations. He said he favors Proposition U over Proposition W because it would protect current tenants from rent increases while offering landlords enough of an incentive to stay in business. Santa monica rent control board members.chello. Plasti-Line, Inc. Human Rights Com'n (Tenn. 1988) 746 S. 2d 691, involved the constitutional authority of an antidiscrimination commission.

10) Issue permits for removal of controlled rental units from rental housing market under Section 1803(t). Plaintiff filed a petition for writ of mandate (Code Civ. 103, 708 P. 2d 682]. )

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At least nine states, all of which have constitutional provisions substantially identical to California Constitution, article VI, section 1, have considered the propriety of administrative adjudication of restitutive and compensatory "damages. " Subsequently, in Pernell v. Southall Realty (1974) 416 U. The contention under the Seventh Amendment is without merit. Thus, for example, we would not approve the Board's adjudication of a landlord's common law counterclaims (extraneous to the Board's regulatory functions) against a tenant. 2d 225, 243; see also General Drivers & Helpers U. Santa monica rent control board members.shaw.ca. Wisconsin Emp. She is part of a group of slow-growth advocates within SMRR, a group that has become increasingly outspoken in recent months amid mounting criticism of some pro-development votes cast by SMRR members on the City Council. Staff Liaison Email. Youst v. Longo, supra, 43 Cal. Our Constitution states: "Trial by jury is an inviolate right and shall be secured to all.... " We have long observed, "It is the right to trial by jury as it existed at common law which is preserved [by article I, section 16]. "

919, 944 (1983) (holding 'legislative veto' provisions unconstitutional, despite the existence of '295 congressional veto-type procedures... in 196 different statutes'). It took the existing legal order as it found it, and there is little or no basis for concluding that the Amendment should now be interpreted to provide an impenetrable barrier to administrative factfinding under otherwise valid federal regulatory statutes. No citation of authority is necessary to support the same. 3d 377] respected here. Santa monica rent control board members ... p. The majority's unspoken assumption is that a tenant who has withheld rent will be unwilling or unable to satisfy a judgment ordering the repayment of the withheld rent. Other than Jersey Maid, supra, 13 Cal. Guinn became the fourth Commissioner to join the Board in the past six months and the third who was appointed. See CFTC, supra, 478 U.

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10] The "public" versus "private" rights distinction is drawn not from California jurisprudence, but from the federal cases addressing similar issues under, inter alia, the Seventh Amendment of the federal Constitution. With these two principles in mind, we review the decisions of our sister states. For additional guidance on this latter point, we turn to decisions of our sister states. Had the CFTC case presented the agency's authority to adjudicate only the reparations claim, it appears that the parties' consent to the administrative forum would have been of little or no significance. Most important, as we explain below, the intervening five decades of case law show that unquestioning and rigid adherence to Jersey Maid's holding would place us out of step with every sister-state court of this country that has considered administrative awards of "restitutive" damages. In this action, the Board authorized one tenant to withhold rent in the first month following the Board's decision, and for additional months, and provided that the withholding should not be the basis for an unlawful detainer proceeding based on nonpayment of rent. The accommodating view of modern courts, however, generally has been conditioned by two limiting principles, one procedural and the other substantive. The Administrative Procedure Act provides for the many agencies operating under its terms that an agency decision is effective 30 days after it is delivered unless the agency orders that the decision become effective sooner. The Jersey Maid Decision. XX, § 22 [Department of Alcoholic Beverage Control], XII [Public Utilities Commission]); others have been legislatively endowed with judicial powers pursuant to a specific constitutional authorization (see art. Behind the "public rights" doctrine lies the idea that when a legislative body acts by statute to promote [49 Cal. We conclude, however, that the veritable tidal wave of decisions against plaintiff's view cannot be ignored, and that our sister states' decisions on this issue suggest a workable solution to the constitutional problem posed here.

2d 475 [239 P. 2d 19], precludes the award of treble damages in this case. 1963) 21 Wis. 2d 242 [124 N. 2d 123, 128]. 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. The court issued a permanent injunction prohibiting the Board from proceeding on any pending or future complaint for excess rents under the former subdivision, and declared the Board's regulations invalid insofar as they implemented the former subdivision, but did not address interveners' jury trial claim. 26 Tennessee: Plasti-Line, supra, 746 S. 2d 691, 692-693 [following Fraser, supra, 625 S. 2d 852, and Percy Kent Bag Co., supra, 632 S. 2d 480]; fn.

There will be three open seats on the November 8 ballot -- those currently filled by Phillis and Boardmember Steve Duron, who cannot run for reelection under the 8-year term limit. 442, 455, 460 [51 L. Ed. The ordinance provides that a tenant "may deduct the penalty from future rent payments in the manner provided by the Board. " After noting that it had previously characterized the landlord-tenant scheme involved in Block v. 135, as involving "public rights, " the court observed that such "proceedings surely determine liabilities of individuals, " and yet they would be "beyond the power of Congress" under a restrictive interpretation of the public rights doctrine. Administrative Hearing Practice ( 1984) § 4. 2d 475, 484-486, concluded the action was tantamount to a common law action for debt, for which the common law recognized a jury trial as a matter of right.

These include some affordable alternatives (under $40) in addition as well as the top of the line popular dehumidifier rods. Location: Nogales, AZ USA. Dozens of new cleaning solutions are rolled out every year, but anything bearing the Hoppe's name deserves close examination, so we conducted a series of head-to-head tests with some surprising results. It is able to protect your frequently used firearms from fingerprint damage. They wiped off fairly easily. Cleaners and lubricants that are safe to use on polymer frames. 22's with my dad as a kid and cleaning our guns afterwards-as it does for many older shooters out there. FWIW, I first asked Walther sales guys on a shot show for advice and they confirmed Hoppe's wouldn't harm.

Is Hoppes #9 Safe For Polymer Guns

Cool, keep using it, more power to you. Pouring lubricant or powder solvent into the firing pin channel and leaving it there is the one easy step it takes to stop a Glock. It offers a protective layer on the firearm and aids in preventing carbon buildup in the barrel. I've recently gone back to Hoppes, after trying some of the modern "non-toxic' wonder products. Bore Tech, I'm looking at you here). I use Otis' B. O. N. E. Is Hoppes #9 cleaning solvent safe for polymer frames. tool to remove build up on the bolt, and with Break Free one turn was enough to get most of it off. Following Bore Tech's tedious routine, and having to buy a new set of plated jags and nylon brushes, I found that: A: It's a poor substitute for Hoppes as far as powder and carbon cleaning goes. A leather holster will be unaffected by it, as will any wood or polymer gun parts. There are other options that can do a better job, but none that approach the monetary savings you get by using motor oil.

Is Hoppes #9 Safe For Polymer Guns And Guns

Maintain your Gun with Proven Gun Cleaning Products: Unlike a few decades ago, the market today is flooded with all types of gun cleaning supplies to enhance your firearm's longevity and performance. Gun Oil Lube ( Don't Buy). This is a shot I took before applying it, followed by a shot taken after letting it sit for a couple minutes. If you are using it now on your Glock's or other handguns don't stop because of what I am writing here. The one place that you should NEVER lubricate is the firing pin and firing pin channel. I have used Ballistol, Rem Oil, Break-Free and a few others, no problems. I use it as cologne. LPS-2 started life as an aircraft lubricant, and enough mechanics took it home for it to become a popular gun lubricant too. Are we over thinking this? Any carbon, lead and copper it has picked along the way, whether visible or not, will hit the chemical, immediately go into suspension (or bond with the solution) in the bottle, and sooner or later that bore cleaner turns into nothing more than a lead, carbon and copper soup. Using a brand new Ruger AR-15 and the same ammo (Wolf Polyformance) for each test, we fired 1600 rounds using each lubricant (200 per product) and inspected the results. I am being held hostage in a giant insane asylum called Earth. Is hopper safe to use. The formula is the same for each version, aside from an added propellent in the aerosol. As always, feel free to ask the sales staff at any Vance Outdoors location if you are unsure as to what cleaning gear is right for you.

Is Hoppes #9 Safe For Polymer Guns And Ammo

Furthermore, AR15s don't run happily when their action is dry. He had been shooting it and a 22lr conversion kit he had just bought. As a lubricant, it did leave a little to be desired. It is safe for use on plastics and polymers. Hoppe's number #9 is the all-time great gun cleaner. As a result, it won't take long before the gun needs another cleanup. Is hoppes #9 safe for polymer guns and guns. Gun oil is a carefully formulated petroleum-based lubricant that is highly refined to take out impurities and compounds that breakdown at high temperatures. To make your work easier, we have provided a list of the 5 best gun oils on the market. I take the frame, get the water running hot, & work palmolive dish soap into it with my hands.

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Additionally, it doesn't harden, stick, or expire. I use break-free on the frame of my USP and the markings are still though now that I think about it, I might just avoid those areas. It also doesn't leave much of a corrosion resistant film, so it needs to stay layered on the gun for long term protection. When questioned as to what he cleaned and lubricated the gun with he replied "Hoppe's #9". As machines became more advanced, the requirements of the oils that lubricated them increased too. Even worse, the few gun solvents and lubricants available in the market were not very affordable. Once done, it appeared the original solution did slightly better in attacking this easily photographed nuisance (take a look at the images and you can decide). Then, follow the manufacturer's directions as to where a few extra drops of oil may be needed to ensure proper function—slide rails, etc. Is hoppes #9 safe for polymer guns and ammo. Location: California. 5 Copyright © 2023 vBulletin Solutions, Inc. All rights reserved. Remington Gun Oil (2 oz) - Economical.

The firing pin and channel must be kept clean and dry, otherwise it will attract dirt and debris. Dust and carbon build up wasn't much of a problem and most of the grease and contaminants were easy to remove with a quick wipe down. Join Date: March 18, 1999. They just run and run and run, with what is comparatively little attention. It stays oily and has the potential to get gummed up by dust and carbon. Maybe it takes a higher temperature to produce damage, or perhaps the results would have been different with another gun's polymer composition. Gun Oil - 5 Best Gun Oil Picks (CLP, Hoppes, Lucas Oil compared) –. He had never seen anything like this before-and he has armorer stripped a lot of Glock's over the years. Thes products are all-in-one products, and cheaper and more convenient than buying a solvent or cleaner, a gun oil, and a gun protectant.