In what circumstances will a court consider whether a delay in bringing the matter to trial violated a plaintiff's right to due process?

California, United States of America


The following excerpt is from In re Yancy, No. G042045 (Cal. App. 5/12/2010), No. G042045. (Cal. App. 2010):

Thus, in determining if "the delay[s at issue in this case] violated [petitioner's] right to due process," we must consider whether "[t]he record reflects the delay in bringing the matter to trial was attributable to [petitioner's] counsel and/or to [petitioner] himself." (Orozco v. Superior Court, supra, 117 Cal.App.4th at p. 179.) Here, the record reflects the actions of petitioner and his attorney at least contributed to the delays in each case.

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