What is the legal test for informing an individual that they are subject to a civil proceeding?

California, United States of America


The following excerpt is from Conservatorship of Pollock, 208 Cal.App.3d 1406, 257 Cal.Rptr. 14 (Cal. App. 1989):

" '... generally [require] consideration of (1) the private interest that will be affected by the official action, (2) the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards, (3) the dignitary interest in informing individuals of the nature, grounds and consequences of the action and in enabling them to present their side of the story before a responsible government official, and (4) the governmental interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.' [Citations.]" (Ibid., quoting People v. Ramirez (1979) 25 Cal.3d 260, 269, 158 Cal.Rptr. 316, 599 P. 622.)

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