California OAH special education order · August 3, 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 on any party, finding the missed mediation resulted from unclear communication, not an intent to delay or waste resources.
Summary
OAH issued an order to show cause asking why the parties should not pay expenses after no one appeared at, or canceled, a scheduled mediation. All parties filed responses with sworn declarations and exhibits. OAH found the no-show happened because of a lack of clear, timely communication among the parties and with OAH, not to cause delay or waste judicial resources. It dismissed the order to show cause.
Why it matters
Missing or failing to cancel a scheduled mediation can lead OAH to consider making the parties pay expenses. A prompt, documented response explaining a good-faith communication breakdown can avoid sanctions.
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
NEW WEST CHARTER MIDDLE
SCHOOL AND 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 3, 2016
JUNE R. LEHRMAN
Presiding Administrative Law Judge Office of Administrative Hearings