California OAH special education order · April 21, 2014
Order Denying Request for Reconsideration
OAH Case No. 2014030230 · ALJ Judith A. Kopec
OAH denied the parties' joint request to reconsider moving mediation to July 8, 2014. They showed no new facts or law, and OAH's calendar could not accommodate their requested May 13 date.
Summary
The parties jointly asked to continue mediation to May 13, 2014. OAH granted the continuance but set mediation for July 8, 2014, and District then sent a letter asking again for May 13, which OAH treated as a joint request for reconsideration. OAH denied it because the parties offered no new facts, circumstances, or law, and no supporting evidence or declaration. OAH also noted the parties had been slow to cancel the original April 9 mediation and to ask for a new date, and its operational needs prevented the requested date.
Why it matters
A request to reconsider a scheduling order needs new facts or law and supporting evidence; simply repeating a preferred date will not work. Parties who want specific dates should give reasons and contact OAH promptly when cancelling or rescheduling.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
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. 2014030230
v. ORDER DENYING REQUEST FOR
RECONSIDERATION
SANTA ANA UNIFIED SCHOOL
DISTRICT.
On April 15, 2014, the parties filed a joint request to continue the mediation session to May 13, 2014. On April 16, 2014, the Office of Administrative Hearings issued an order granting the continuance, but rescheduling the mediation to July 8, 2014.
On April 17, 2014, District submitted a letter stating the parties requested the mediation be scheduled for their originally requested date of May 13, 2014. This letter is deemed a joint request for reconsideration.
APPLICABLE LAW
OAH will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time. (See Gov. Code, § 11521; Code Civ. Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.)
DISCUSSION AND ORDER
The parties allege no new facts, circumstances, or law in support of the request for reconsideration. Nor is the request supported by any factual or legal showing, or any supporting evidence or sworn declaration. Nevertheless, the facts supporting OAH’s order will be reviewed.
The initial request to continue the mediation provided no information about the reason for the requested mediation date, even though it was almost seven weeks prior to the requested hearing dates. In addition, no explanation was given for the parties’ less than prompt notification of the cancellation of the initial mediation date or request for a new mediation date: On March 7, 2014, OAH issued the parties a scheduling order with mediation on April 9, 2014. On April 3, 2014, District informed OAH that the parties were working to reschedule the mediation and hearing dates, and cancelled the April 9 mediation.
The parties did not submit a request for a new mediation date until April 15. Due to the July 4 holiday and the prior scheduling of other matters, operational needs dictated that the requested mediation date could not be accommodated. As a result, OAH rescheduled the matters to dates different from those requested: the mediation was scheduled for July 8, the prehearing conference, July 14, and the hearing, July 22 through 24, 2014.
Accordingly, parties’ joint request for reconsideration is denied.
It is so ordered.
DATE: April 21, 2014 /s/
JUDITH A. KOPEC
Division Presiding Administrative Law Judge Office of Administrative Hearings