What is the test for a judge to determine whether or not to grant a motion for judicial review of a motion requiring a judicial review?

California, United States of America


The following excerpt is from Escondido Imports, Inc. v. Department of Motor Vehicles, 145 Cal.App.3d 834, 193 Cal.Rptr. 772 (Cal. App. 1983):

We are taught in Mathews v. Eldridge, supra, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18, that identification of the specific dictates of due process generally requires consideration of three distinct factors:

"First, the private interest that will be affected by the official action; second, 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; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. See e.g., Goldberg v. Kelly, supra [397 U.S. 254], at 263-271 [90 S.Ct. 1011, 1018-1022, 25 L.Ed.2d 287]." (424 U.S. 319, at p. 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18.)

Other Questions


What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
What criteria is used to determine whether a judge should grant approval for a motion to appoint a new judge? (California, United States of America)
When reviewing a motion to suppress, what is the test for determining whether a motion can be suppressed? (California, United States of America)
What is the role of the trial judge in determining whether or not to grant an order requiring a retrial? (California, United States of America)
What are the elements of a motion requiring a jury to determine whether a motion is valid or invalid? (California, United States of America)
Can a motion to deny a motion for judicial review be granted after a writ of appeal has been denied? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
What is the appellate court's role in determining whether or not a trial judge has jurisdiction to review a motion of appeal in a case of mistaken identity? (California, United States of America)
Is a judge's retirement entitlement to a judicial review of any determination made by the Judicial Commission? (California, United States of America)
What is the test for appellate judges to determine whether to grant a motion to the Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.