California OAH special education order · August 1, 2016
Order Dismissing Order to Show Cause
OAH Case No. 2016060895 · ALJ June R. Lehrman
OAH dismissed its order to show cause and imposed no expenses after finding both parties missed a scheduled mediation because of unclear communication, not to cause delay or waste resources.
Summary
OAH issued an order to show cause on July 14, 2016, asking why both parties should not pay expenses for failing to appear at, or cancel, a scheduled mediation. Both sides filed responses with sworn declarations and exhibits. OAH found the missed mediation resulted from a lack of clear, timely communication between the parties and with OAH. It was not done to cause unnecessary delay or waste judicial resources, so OAH dismissed the order to show cause.
Why it matters
Not showing up for, or failing to cancel, a scheduled mediation can lead OAH to consider making a party pay expenses. Answering an order to show cause promptly with sworn declarations that explain an honest miscommunication can avoid that outcome.
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. 2016060895 v. ORDER DISMISSING ORDER TO
SHOW CAUSE
LOS ANGELES UNIFIED SCHOOL
DISTRICT.
On July 14, 2016, the Office of Administrative Hearings issued an Order to Show Cause as to Why the Parties Should Not be Ordered to Pay Expenses. The Order to Show Cause was based upon the failure of the parties to appear at, or cancel, a duly noticed mediation. Pursuant to the Order to Show Cause all parties filed a response, supported by various sworn declarations and exhibits.
Having considered all of the pleadings and the evidence OAH is satisfied that the failure to appear, or failure to cancel the mediation, was due to a lack of clear timely communication between the parties and between the parties and OAH; and not done to cause unnecessary delay or to waste judicial resources. Accordingly, the Order to Show Cause is dismissed.
IT IS SO ORDERED.
DATE: August 01, 201
JUNE R. LEHRMAN
Presiding Administrative Law Judge Office of Administrative Hearings