What is the test for the purpose of determining whether a plaintiff has been deprived of access to a hearing by the Court?

California, United States of America


The following excerpt is from Van Horn v. Dep't of Toxic Substances Control, 180 Cal.Rptr.3d 416, 231 Cal.App.4th 1287 (Cal. App. 2014):

deprivation. ( Connecticut v. Doehr (1991) 501 U.S. 1, 10, [111 S.Ct. 2105, 2112, 115 L.Ed.2d 1, 13].) That inquiry requires a court to balance (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; and (3) the government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. ( Mathews v. Eldridge, supra, 424 U.S. at p. 335, 96 S.Ct. at p. 903, [47 L.Ed.2d at p. 33] ; Reardon v. United States (1st Cir.1991) 947 F.2d 1509, 1518 ( Reardon ).) We apply the Mathews test to the facts alleged here.

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