What is the test for giving notice of a pending motion to deprive a person of his property?

California, United States of America


The following excerpt is from Kaufman v. Gross & Co., 146 Cal.Rptr. 706, 81 Cal.App.3d 734 (Cal. App. 1978):

It is well established that "a person's property may not be taken from him without due process of law and that a fundamental requisite of due process is notice, reasonably calculated, under all the circumstances, to apprise the interested parties of the pendency of proceedings which could result in a deprivation of a person's property so as to afford him an opportunity to be heard." (Philbrick v. Huff, 60 Cal.App.3d 633, at 641, 131 Cal.Rptr. 733, at 738; emphasis added.)

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