California OAH special education order · August 1, 2016
Order Denying Request for Reconsideration
OAH Case No. 2016070867 · ALJ Alexa J. Hohensee
OAH denied Oak Grove School District's request to "correct" a statute-of-limitations dismissal order to bar more claims, treating it as reconsideration and finding no new facts, circumstances, or law.
Summary
OAH had granted District's motion to dismiss Student's claims arising more than two years before the complaint was filed, because the two-year statute of limitations barred them. District then asked OAH to "correct" the order so the bar would reach further than its original motion requested. OAH treated the request as a motion for reconsideration. It denied the motion because District offered no new facts, circumstances, or law, and nothing in the order needed correcting.
Why it matters
A party cannot use a "correction" request to get more relief than its original motion asked for. Reconsideration requires new facts, circumstances, or law, so parties should ask for everything they want in the first motion.
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 Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016070867 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
OAK GROVE SCHOOL DISTRICT.
On July 27, 2016, the Office of Administrative Hearings granted Oak Grove School District’s request to dismiss claims alleged in Student’s due process hearing request that arose more than two years prior to the filing of the complaint. The ALJ found that the alleged claims were barred by the two-year statute of limitations.
On July 29, 2016, District filed a request for “correction” of the order to extend the bar on claims beyond the request in the motion. District’s request will be treated as a motion for reconsideration.
APPLICABLE LAW
The Office of Administrative Hearings 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
District alleges no new facts, circumstances, or law in support of the request for reconsideration, and there is nothing in the order that warrants a “correction”. Accordingly, District’s request for reconsideration is denied.
IT IS SO ORDERED.
DATE: August 1, 2016
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings