complexity factors in California

2019What procedural safeguards are necessary to achieve due process “varies according to specific factual contexts” and depends on “a complexity of factors,” including “nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding.” (Hannah, supra, 363 U.S. at p. 442 .) Due process ultimately requires that proceedings “ ‘ “be tailored, in light of the decision to be made, to ‘the capacities and circumstances of those who are to be heard,’ [citation] . . . to insure that they are given a meaningful opportunity to present their case.” ’ ” (Doe v. Rege

2018What procedural safeguards are necessary to achieve due process "varies according to specific factual contexts" and depends on "a complexity of factors," including "nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding." ( Hannah, supra, 363 U.S. at p. 442 , 80 S.Ct. 1502 .) Due process ultimately requires that proceedings " ' "be tailored, in light of the decision to be made, to 'the capacities and circumstances of those who are to be heard,' [citation] ... to insure that they are given a meaningful opportunity to present their case." '

1974The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.” (In re Tucker, 5 Cal.3d 171, 179 [ 95 Cal.Rptr. 761 , 486 P.2d 657 ], quoting from Hannah v. Larche, 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; see Sokol v. Public Utilities Commission, 65 Cal.2d 247, 254 [ 53 Cal.Rptr. 673 , 418 P.2d 265 ].) Ordinarily, as the majority explain, if a proceeding is “legislative” rather than “adjudicative” in character, a hearing of a judicial type is not required by the Con

1974The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.” (In re Tucker, 5 Cal.3d 171, 179 [ 95 Cal.Rptr. 761 , 486 P.2d 657 ], quoting from Hannah v. Larche, 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; see Sokol v. Public Utilities Commission, 65 Cal.2d 247, 254 [ 53 Cal.Rptr. 673 , 418 P.2d 265 ].) Ordinarily, as the majority explain, if a proceeding is “legislative” rather than “adjudicative” in character, a hearing of a judicial type is not required by the Con

2015The nature of the alleged right involved, the 18 nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.’” (Oberholtzer v. Commission on Judicial Performance (1999) 20 Cal.4th 371, 391, fn. 16 .) Ordinarily, probationary employees have no vested property interest in their continued employment and may be dismissed without cause and without a hearing.

2003The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.’ ” (Oberholzer v. Commission on Judicial Performance (1999) 20 Cal.4th 371, 391, fn. 16 [ 84 Cal.Rptr.2d 466 , 975 P.2d 663 ], quoting Hannah v. Larche (1960) 363 U.S. 420, 442 [ 80 S.Ct. 1502, 1514-1515 , 4 L.Ed.2d 1307 ], first and second italics added; see also Mathews v. Eldridge (1976) 424 U.S. 319, 334 [ 96 S.Ct. 893, 902-903 , 47 L.Ed.2d 18 ]; Saleeby v. State Bar (1985) 39 Cal.3d 547, 565 [ 216 Cal.Rptr. 367 , 702 P

2003The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.’ ” (Oberholzer v. Commission on Judicial Performance (1999) 20 Cal.4th 371, 391, fn. 16 [ 84 Cal.Rptr.2d 466 , 975 P.2d 663 ], quoting Hannah v. Larche (1960) 363 U.S. 420, 442 [ 80 S.Ct. 1502, 1514-1515 , 4 L.Ed.2d 1307 ], first and second italics added; see also Mathews v. Eldridge (1976) 424 U.S. 319, 334 [ 96 S.Ct. 893, 902-903 , 47 L.Ed.2d 18 ]; Saleeby v. State Bar (1985) 39 Cal.3d 547, 565 [ 216 Cal.Rptr. 367 , 702 P

2003The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.’ ” (Oberholzer v. Commission on Judicial Performance (1999) 20 Cal.4th 371, 391, fn. 16 [ 84 Cal.Rptr.2d 466 , 975 P.2d 663 ], quoting Hannah v. Larche (1960) 363 U.S. 420, 442 [ 80 S.Ct. 1502, 1514-1515 , 4 L.Ed.2d 1307 ], first and second italics added; see also Mathews v. Eldridge (1976) 424 U.S. 319, 334 [ 96 S.Ct. 893, 902-903 , 47 L.Ed.2d 18 ]; Saleeby v. State Bar (1985) 39 Cal.3d 547, 565 [ 216 Cal.Rptr. 367 , 702 P

2003The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.’ ” (Oberholzer v. Commission on Judicial Performance (1999) 20 Cal.4th 371, 391, fn. 16 [ 84 Cal.Rptr.2d 466 , 975 P.2d 663 ], quoting Hannah v. Larche (1960) 363 U.S. 420, 442 [ 80 S.Ct. 1502, 1514-1515 , 4 L.Ed.2d 1307 ], first and second italics added; see also Mathews v. Eldridge (1976) 424 U.S. 319, 334 [ 96 S.Ct. 893, 902-903 , 47 L.Ed.2d 18 ]; Saleeby v. State Bar (1985) 39 Cal.3d 547, 565 [ 216 Cal.Rptr. 367 , 702 P

2003The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.’ ” (Oberholzer v. Commission on Judicial Performance (1999) 20 Cal.4th 371, 391, fn. 16 [ 84 Cal.Rptr.2d 466 , 975 P.2d 663 ], quoting Hannah v. Larche (1960) 363 U.S. 420, 442 [ 80 S.Ct. 1502, 1514-1515 , 4 L.Ed.2d 1307 ], first and second italics added; see also Mathews v. Eldridge (1976) 424 U.S. 319, 334 [ 96 S.Ct. 893, 902-903 , 47 L.Ed.2d 18 ]; Saleeby v. State Bar (1985) 39 Cal.3d 547, 565 [ 216 Cal.Rptr. 367 , 702 P

2017(Brooks v. Shemaria (2006) 144 Cal.App.4th 434, 442-443 [ 50 Cal.Rptr.3d 430 ] [actual innocence requirement does not apply to client’s claim for return of unused portion of retainer].) A successful malpractice cause of action would also create a risk of inconsistent adjudications, raising the possibility that Jones could recover damages for his otherwise lawful confinement.

2017(Brooks v. Shemaria (2006) 144 Cal.App.4th 434, 442-443 [ 50 Cal.Rptr.3d 430 ] [actual innocence requirement does not apply to client’s claim for return of unused portion of retainer].) A successful malpractice cause of action would also create a risk of inconsistent adjudications, raising the possibility that Jones could recover damages for his otherwise lawful confinement.

1999The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.” (Id. at p. 442 [80 S.Ct. at pp. 1514-1515], italics added; see also Mathews v. Eldridge (1976) 424 U.S. 319, 334 [ 96 S.Ct. 893, 902 , 47 L.Ed.2d 18 ] [same]; Cafeteria Workers v. McElroy (1961) 367 U.S. 886, 895 [ 81 S.Ct. 1743, 1748-1749 , 6 L.Ed.2d 1230 ] [“The very nature of due process negates any concept of inflexible procedures universally applicable to every imaginable situation. ...[![]... [Consideration of what p

1999The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.” (Id. at p. 442 [80 S.Ct. at pp. 1514-1515], italics added; see also Mathews v. Eldridge (1976) 424 U.S. 319, 334 [ 96 S.Ct. 893, 902 , 47 L.Ed.2d 18 ] [same]; Cafeteria Workers v. McElroy (1961) 367 U.S. 886, 895 [ 81 S.Ct. 1743, 1748-1749 , 6 L.Ed.2d 1230 ] [“The very nature of due process negates any concept of inflexible procedures universally applicable to every imaginable situation. ...[![]... [Consideration of what p

1974The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.” (In re Tucker, 5 Cal.3d 171, 179 [ 95 Cal.Rptr. 761 , 486 P.2d 657 ], quoting from Hannah v. Larche, 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; see Sokol v. Public Utilities Commission, 65 Cal.2d 247, 254 [ 53 Cal.Rptr. 673 , 418 P.2d 265 ].) Ordinarily, as the majority explain, if a proceeding is “legislative” rather than “adjudicative” in character, a hearing of a judicial type is not required by the Con

1974The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account.” (In re Tucker, 5 Cal.3d 171, 179 [ 95 Cal.Rptr. 761 , 486 P.2d 657 ], quoting from Hannah v. Larche, 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; see Sokol v. Public Utilities Commission, 65 Cal.2d 247, 254 [ 53 Cal.Rptr. 673 , 418 P.2d 265 ].) Ordinarily, as the majority explain, if a proceeding is “legislative” rather than “adjudicative” in character, a hearing of a judicial type is not required by the Con

1974The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( In re Tucker, 5 Cal.3d 171, 179 [ 95 Cal. Rptr. 761 , 486 P.2d 657 ], quoting from Hannah v. Larche, 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; see Sokol v. Public Utilities Commission, 65 Cal.2d 247, 254 [ 53 Cal. Rptr. 673 , 418 P.2d 265 ].) Ordinarily, as the majority explain, if a proceeding is "legislative" rather than "adjudicative" in character, a hearing of a judicial type is not required by the

1974The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( In re Tucker, 5 Cal.3d 171, 179 [ 95 Cal. Rptr. 761 , 486 P.2d 657 ], quoting from Hannah v. Larche, 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; see Sokol v. Public Utilities Commission, 65 Cal.2d 247, 254 [ 53 Cal. Rptr. 673 , 418 P.2d 265 ].) Ordinarily, as the majority explain, if a proceeding is "legislative" rather than "adjudicative" in character, a hearing of a judicial type is not required by the

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1971The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." ( Hannah v. Larche (1960) 363 U.S. 420, 442 [ 4 L.Ed.2d 1307, 1321 , 80 S.Ct. 1502 ]; Jenkins v. McKeithen, supra, 395 U.S. 411, 426 [ 23 L.Ed.2d 404, 419 ]; Hyser v. Reed (1963) 318 F.2d 225, 251-252 [ 115 App.D.C. 254 ] (concurring and dissent opn. of Bazelon, C.J.).) Parole revocation clearly involves specific factual determinations which directly and substantially affect the individual's ability to remain on parole, ra

1963In Marcus v. Search Warrant (1961) 367 U.S. 717, 730 [ 81 S.Ct. 1708 , 6 L.Ed.2d 1127 ], the court stated: “ [I]n Moth itself we expressly recognized the complexity of the test of obscenity fashioned in that ease, and the vital necessity in its application of safeguards to prevent denial of ‘the protection of freedom of speech and press for material which does not treat sex in a manner appealing to prurient interest.’ ” In Bantam Books v. Sullivan (1963) 372 U.S. 58 , -- [ 83 S.Ct. 631 , 9 L.Ed. 2d 584, 590 ], the court quoted this language from Marcus and went on to note that “constitutionall

1963In Marcus v. Search Warrant (1961) 367 U.S. 717, 730 [ 81 S.Ct. 1708 , 6 L.Ed.2d 1127 ], the court stated: “ [I]n Moth itself we expressly recognized the complexity of the test of obscenity fashioned in that ease, and the vital necessity in its application of safeguards to prevent denial of ‘the protection of freedom of speech and press for material which does not treat sex in a manner appealing to prurient interest.’ ” In Bantam Books v. Sullivan (1963) 372 U.S. 58 , -- [ 83 S.Ct. 631 , 9 L.Ed. 2d 584, 590 ], the court quoted this language from Marcus and went on to note that “constitutionall