California OAH special education order · January 24, 2013
Order Denying Student's Request to Permit Exchange of Exhibits on an Alternate Address of District's Counsel
OAH Case No. 2012110589 · ALJ Clifford H. Woosley
OAH denied Parent's request to deliver Student's exhibit binder to the District law firm's San Diego office, because the address of record for District's counsel was the firm's Cerritos office.
Summary
Parent asked OAH to let her serve Student's exhibits and witness list on the San Diego office of the law firm representing Poway Unified. She wanted to avoid mailing them to the firm's Cerritos office in time to arrive by the January 28, 2013 deadline. OAH denied the request. Every notice and filing from District's counsel listed the Cerritos address as the address of record, and Parent cited no authority allowing a party to pick a different office. Student had to deliver the exhibits and witness list to the Cerritos address at least five business days before the February 4, 2013 hearing.
Why it matters
Parties must serve exhibits and witness lists on opposing counsel's address of record, even if the firm has a closer office. The five-business-day exchange deadline is measured by when the materials are received, so plan mailing time accordingly.
Key authority cited
- Ed. Code, § 56505, subd. (e)(7)
People named in the order
- Justin R. Shinnefield, District's attorney
- Clifford H. Woosley, Administrative Law Judge
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2012110589
v. ORDER DENYING STUDENT’S
REQUEST TO PERMIT EXCHANGE
POWAY UNIFIED SCHOOL DISTRICT. OF EXHBITS ON AN ALTERNATE
ADDRESS OF DISTRICT’S COUNSEL
On January 24, 2013, Parent on behalf of Student filed a request to allow her to serve Student’s exhibit binder on the San Diego offices of Atkinson, Andelson, Loya, Ruud and Romo, the law firm representing District in this due process proceeding.
Student objects to service upon the law firm’s Cerritos offices, which is 12800 Center Court Drive South, Suite 300, Cerritos, CA 90703-9364, stating that she would have to post or mail the exhibit binder by January 25, 2013, in order to assure receipt by January 28, 2013.
Education Code section 56505, subdivision (e)(7), requires exchange of copies of all documents/exhibits and list of witnesses that a party intends to present at the hearing, at least five (5) business days prior to the hearing. The hearing is scheduled to begin on February 4,
2013. Therefore, the exchange must be completed (that is, received) by January 28, 2013.
On November 29, 2012, attorney Justin R. Shinnefield, of the law offices of Atkinson, Andelson, Loya, Ruud and Romo, filed and served upon Parent a notice of his representation of the District. This notice, as well as every other document filed and served by the District’s counsel, provided the Cerritos address as the proper address of record for service.
Parent asserts that she should be able to utilize the address of the law firm’s San Diego offices. However, Parent cites no authority for such a proposition. Many law firms have multiple offices, which are in different cities and which house different attorneys.
Parties, courts, and judges cannot choose which law firm office to serve. Here, irrespective of whether the law firm has multiple offices in San Diego and Cerritos, the address of record for District’s counsel is the Cerritos address.
Accordingly, Student’s request to serve Student’s exhibits and list of witnesses at the San Diego address is denied. In order to comply with Education Code section 56505, subdivision (e)(7), Student must provide District’s counsel with the exhibits and list of witnesses at the address of record, which is 12800 Center Court Drive South, Suite 300, Cerritos, CA 90703-9364.
IT IS SO ORDERED
Dated: January 24, 2013 /s/
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings