California OAH special education order · July 8, 2016
Order Denying Request for Reconsideration
OAH Case No. 2016030805, 2016060614 · ALJ Peter Paul Castillo
OAH denied Student's request to reconsider the denial of a continuance because Student offered no new facts, circumstances, or law, and the hearing stays on its July 12–14, 2016 dates.
This case went to decision
Pasadena Unified School District v. Student: Pasadena Unified may not conduct an intensive counseling services assessment without parents' consent; the district's request is denied. (2016)
Summary
Student asked for a continuance because Student's attorney had depositions and court appearances scheduled. District opposed, and OAH denied the continuance for lack of good cause. Student then asked OAH to reconsider, and District opposed again. OAH denied reconsideration because Student showed no new facts, circumstances, or law. Student also did not show that counsel told the Superior Court about the OAH hearing before the depositions were set, the rescheduled trial falls after this hearing, and a conflicting OAH case had been resolved.
Why it matters
An attorney's later-scheduled conflicts in other cases usually will not justify continuing hearing dates already confirmed at the prehearing conference. A reconsideration request must offer truly new facts or law, not just more detail on the same argument.
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016030805 v.
PASADENA UNIFIED SCHOOL
DISTRICT,
PASADENA UNIFIED SCHOOL OAH Case No. 2016060614
DISTRICT,
ORDER DENYING REQUEST FOR
v. RECONSIDERATION
PARENT ON BEHALF OF STUDENT.
On April 29, 2016, the Office of Administrative Hearings granted the parties’ joint continuance request, which set the matter for hearing on July 12 – 14, 2016. At the July 1, 2016 Prehearing Conference, the parties confirmed the hearing dates. On July 6, 2016, Student filed a request to continue the dates in this matter with OAH, based upon the unavailability of Student’s legal counsel, Abraham A. Labbad, as he had scheduled depositions and court appearances. On July 7, 2016, Pasadena Unified School District opposed the request based upon failure of Student to establish good cause for a continuance.
On July 7, 2016, the undersigned administrative law judge issued an order that denied Student’s continuance, finding that Student did not establish good cause for a continuance.
That same day, Student filed a request for reconsideration, providing some additional information as to the unavailability of Student’s legal counsel. On July 8, 2016, District filed an opposition to the reconsideration request.
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, 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
Student alleges no new facts, circumstances, or law in support of the request reconsideration. Student provides no information that Student’s legal counsel informed the Superior Court that he was in hearing before the Superior Court scheduled the depositions, and the rescheduled trial takes place after the hearing in this consolidated matter. Further, the hearing in OAH Case No. 2016061048 has been resolved.
Accordingly, Student’s request for reconsideration is denied.
ORDER
Student’s Motion for Reconsideration is denied. Matter shall proceed as scheduled.
DATE: July 8, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings