California OAH special education order · September 15, 2014
Order Granting Request for Reconsideration
OAH Case No. 2014080596 · ALJ Robert Helfand
OAH granted Student's request to reconsider an order partly dismissing Student's case, because Student's counsel had filed a notice of unavailability covering the time the dismissal motion was pending.
Summary
On September 9, 2014, OAH granted Irvine's partial motion to dismiss. Student asked OAH to reconsider so it could consider Student's opposition. Student's counsel had filed a Notice of Unavailability for August 25 to September 15, 2014, which covered the time the motion was pending. OAH found good cause and granted reconsideration.
Why it matters
Filing a notice of unavailability can protect a party who misses a deadline to oppose a motion while counsel is unavailable. It can support reconsideration so the party's opposition is heard on the merits.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2014080596 v. ORDER GRANTING REQUEST FOR
RECONSIDERATION
IRVINE UNIFIED SCHOOL DISTRICT.
On September 9, 2014, the undersigned administrative law judge issued an order granting Irvine’s partial motion to dismiss. On September 15, 2014, Student filed a motion for reconsideration on grounds that Student’s counsel had been unavailable during the pendency of the partial motion to dismiss.
APPLICABLE LAW
The Office of Administrative Hearings 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, e.g., 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
Student had filed a Notice of Unavailability stating that Student’s counsel would be unavailable from August 25, 2014 to September 15, 2014. Student seeks to have OAH consider its opposition to the partial motion to dismiss. Good cause being demonstrated.
Accordingly, Student’s request for reconsideration is Granted.
IT IS SO ORDERED.
DATE: September 15, 2014
/S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings