What is the test for a pleading in a civil case where a defendant is seeking a reduced penalty for failing to comply with the requirements of the Court of Appeal?
California, United States of America
The following excerpt is from People v. Wilford, 12 Cal.App.5th 827, 219 Cal.Rptr.3d 765 (Cal. App. 2017):
"[C]onstitutional principles of due process [do not] require that the statute be specifically alleged as long as the pleading apprises the defendant of the potential for the enhanced penalty and alleges every fact and circumstance necessary to establish its applicability." (Id . at p. 787, 6 Cal.Rptr.3d 24, citing People v. Thomas (1987) 43 Cal.3d 818, 826, 239 Cal.Rptr. 307, 740 P.2d 419.)
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