What is the test for an assertion of a fundamental right?
California, United States of America
The following excerpt is from Huddleston v. The Superior Court Of Los Angeles County, No. B216919, Super. Ct. No. TA 097235 (Cal. App. 2010):
Appellant's motion requested the return of what he asserted was his property. This was and is an assertion of a fundamental and constitutionally protected right, as the court explained in People v. Lamonte.
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