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Due Process

The fact that the precise amount of the requested damages was not specified in the complaint does not mean that the resulting judgment necessarily resulted in a deprivation of due process of law.  The key elements of procedural due process are notice and an opportunity to be heard.[4]  “ ‘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.  [¶] . . . [¶] An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality 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.”  (Mullane v. Central Hanover Bank & Trust Co. (1950) 339 U.S. 306, 314.)Garamendi v. Golden Eagle 3/4/04 A097435ACA1/3
 

Mar 04 2004

A097435A [PDF] [DOC]

Garamendi v. Golden Eagle 3/4/04 CA1/3

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