California OAH special education order · April 20, 2015

Order Denying Motion to Dismiss Without Prejudice

OAH Case No. 2015030848 · ALJ Joy Redmon

OAH denied Berkeley's motion to dismiss on res judicata grounds without prejudice because Student's amended complaint made the motion moot.

Denied without prejudice Motions to dismiss

This case went to decision

Student v. Berkeley Unified School District: Berkeley Unified prevails on every claim about a young autistic student's kindergarten transition, IEP goals, iPad, and records. (2014)

Summary

Berkeley moved to dismiss Student's due process complaint. It argued the issue was barred by res judicata and collateral estoppel because of a November 17, 2014 OAH decision in an earlier case between the same parties. Student opposed the motion and also moved to amend the complaint, which OAH granted. OAH denied the motion to dismiss as moot because it targeted a complaint that was no longer being litigated, and said Berkeley may file a new motion against the amended complaint.

Why it matters

Once a complaint is amended, a pending motion to dismiss aimed at the original complaint becomes moot. A district must refile its motion against the amended complaint, so a timely amendment can reset the dispute over a prior-decision bar.

Key authority cited

Student v. Berkeley Unified School District (Nov. 17, 2014) OAH Case No. 2014040781

Topics

motion to dismiss res judicata collateral estoppel amended complaint mootness

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. 2015030848 v. ORDER DENYING MOTION TO

DISMISS WITHOUT PREJUDICE

BERKELEY UNIFIED SCHOOL

DISTRICT.

On March 18, 2015, Student filed a request for a due process hearing naming Berkeley Unified School District as respondent. On April 8, 2015, Berkeley filed a motion to dismiss Student’s due process complaint asserting that the issue alleged is barred by the doctrine of res judicata and collateral estoppel pursuant to the final decision reached in Student v. Berkeley Unified School District ,(Nov. 17, 2014) OAH Case No. 2014040781.

On April 14, 2014, Student filed an opposition to Berkeley’s motion to dismiss. On the same day Student also filed a motion to amend his complaint. Student’s motion to amend his complaint was granted on April 20, 2015, and all applicable timelines were reset that day.

Filing an amended complaint renders the motion to dismiss moot because the motion was directed to a complaint that is no longer being litigated. Accordingly, the motion to dismiss is denied at this time without prejudice. Nothing in this order precludes Berkeley from filing a motion to dismiss the amended complaint if it so chooses.