Is a motion denying a defendant's right to sue for damages based on a denial of due process?
California, United States of America
The following excerpt is from People v. Barnum, 104 Cal.Rptr.2d 19 (Cal. App. 2001):
To the extent defendant recouches his claim as a denial of due process, it is not clear his motion was predicated on due process and in any event a litigant cannot incant "due process" and thereby evade neutral procedural rules. (See, e.g., People v. Staten (2000) 24 Cal.4th 434, 451, fn. 2.)
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