How have the courts dealt with the issue of a non-apparent failure to attend a school board hearing?

California, United States of America


The following excerpt is from R. C. v. T. B., A125941 (Cal. App. 2011):

Father at that time because he still failed to appear and had made no contact with the court or counsel. In our view, Father's unexplained failure to appear waived any due process right he had to an opportunity to be heard. (See Menge v. Reed (2000) 84 Cal.App.4th 1134, 1143 [school employee voluntarily relinquished her right to challenge the termination of her employment by failing to appear at the board hearing].) Father fails in any event to establish prejudice from the alleged due process violation. He has not suggested any evidence or argument he might have presented at the hearing that would have affected the result. We find no prejudicial due process violation.5

The orders appealed from are affirmed.

Margulies, J.

We concur:

Marchiano, P.J.

Banke, J.

Notes:

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