California OAH special education order · September 3, 2015
Order Denying California Department of Education's Motion for Reconsideration and/or Renewed Motion to Dismiss as Moot
OAH Case No. 2015080011 · ALJ Robert Helfand
OAH denied CDE's motion for reconsideration and renewed motion to dismiss as moot because Student was granted leave to file an amended complaint that replaced the original complaint.
Summary
OAH had denied CDE's motion to dismiss Student's original complaint. CDE then asked OAH to reconsider that ruling or to dismiss again. Before OAH ruled, Student was granted unopposed leave to file an amended complaint. OAH denied CDE's motion as moot because the original complaint it targeted no longer controlled, and said it would decide CDE's separate motion to dismiss the amended complaint in another order.
Why it matters
When a student files an amended complaint, it replaces the original. Any pending motions aimed at the original complaint become moot, so an agency must file new challenges against the amended complaint.
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. 2015080011 v. ORDER DENYING CALIFORNIA
DEPARTMENT OF EDUCATION’S
MONTEREY PENINSULA UNIFIED MOTION FOR RECONSIDERATION
SCHOOL DISTRICT, CALIFORNIA AND/OR RENEWED MOTION TO
DEPARTMENT OF EDUCATION, AND DISMISS AS MOOT
CALIFORNIA DEPARTMENT OF
SOCIAL SERVICES.
On August 3, 2015, California Department of Education filed a Motion to Dismiss as to Student’s original complaint. On August 14, 2015, the Office of Administrative Hearings, by the undersigned, issued an order denying CDE’s motion.
On August 24, 2015, CDE filed a Motion for Reconsideration and/or Renewed Motion to Dismiss. 1 On August 25, 2015, Student filed with OAH a motion for leave to file an amended complaint and a copy of the proposed amended complaint. No opposition was filed as to this motion. On August 31, 2015, CDE filed a Motion to Dismiss the amended complaint. On September 2, 2015, OAH issued an order granting Student leave to file the amended complaint.
CDE’s Motion for Reconsideration and/or Renewed Motion to Dismiss is moot with the amended complaint. Accordingly, the motion is denied.
DATE: September 3, 2015
/ S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings CDE’s August 31, 2015 motion to dismiss will be ruled upon in a separate order.