What is the test for notice of an action pending before a judge?

California, United States of America


The following excerpt is from Laupheimer v. State of California, 200 Cal.App.3d 440, 246 Cal.Rptr. 82 (Cal. App. 1988):

" 'The fundamental requisite of due process of law is the opportunity to be heard.' [Citation.] This right to be heard has little reality or worth unless one is informed that the matter is pending and can choose for himself whether to appear or default, acquiesce or contest." What is required is "notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. [Citations.] The notice must be of such nature as reasonably to convey the required information [citation], and it must afford a reasonable time for those interested to make their appearance [citations]. But if with due regard for the practicalities and peculiarities of the case these conditions are reasonably met, the constitutional requirements are satisfied." (Mullane v. Central Hanover Tr. Co. (1950) 339 U.S. 306, 314-315, 70 S.Ct. 652, 654, 94 L.Ed. 865.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the legal test for contempt of a judge when a judge is accused of making disparaging statements about a pending trial? (California, United States of America)
When an argument alleging lack of compliance with the statute of limitations is raised for the first time on appeal, is it appropriate to take judicial notice of pending civil actions? (California, United States of America)
Is it proper for a judge to take judicial notice of another judge's order? (California, United States of America)
Is there another action pending between the same parties on the same cause of action? (California, United States of America)
Can a judge be held liable in civil action for misconduct in his or her actions? (California, United States of America)
When an employer gives notice of an employee's notice, can the employee commence a civil action? (California, United States of America)
Is a judge assigned to pass upon a disqualification notice required to counsel counsel of the assigned or agreed upon judge? (California, United States of America)
Can a previously discharged attorney who has a contractual lien on a prospective judgment file a notice of lien in the pending action? (California, United States of America)
Are there any cases where a plaintiff has been awarded a fee for failing to provide adequate notice of notice of action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.