California OAH special education order · November 13, 2017

Order Denying Student's Motion to Quash SDT to Jill Weckerly, Ph.D.

OAH Case No. 2017030569 · ALJ Ted Mann

OAH denied without prejudice Student's motion to quash District's subpoena for Dr. Jill Weckerly's records because the subpoena itself was never filed with OAH.

Denied without prejudice Subpoenas, motions to compel, and records

This case went to decision

Student v. Chula Vista Elementary School District: Chula Vista Elementary must fund 60 hours of intensive reading instruction for child find, assessment, and eligibility failures. (2018)

Summary

Student moved to quash a subpoena duces tecum from District seeking records from Jill Weckerly, Ph.D., and District opposed. Neither side filed a copy of the subpoena with OAH. Without the subpoena, OAH said it could not rule on the merits, so it denied the motion without prejudice.

Why it matters

A party asking OAH to quash a subpoena must attach the subpoena itself. Without it, OAH will not reach the merits, though the motion can be refiled.

People named in the order

  • Jill Weckerly, Ph.D., Subpoenaed records custodian/provider

Topics

subpoena duces tecum motion to quash records procedural defect denied without prejudice

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. 2017030569 v. ORDER DENYING STUDENT’S

MOTION TO QUASH SDT TO JILL

CHULA VISTA ELEMENTARY SCHOOL WECKERLY, PH.D.

DISTRICT.

On March 7, 2017, Student filed a Request for Due Process Hearing naming Chula Vista Elementary School District. On November 3, 2017, Student filed a Motion to Quash a subpoena from District seeking the production of records by Jill Weckerly, Ph.D. A copy of the subpoena at issue was not filed with OAH. On November 8, 2017, District filed an Opposition to Student’s Motion to Quash.

Here, the subpoena duces tecum subject to the motion to quash has not been filed with OAH. In the absence of the document at issue, OAH cannot rule on the merits of Student’s Motion. On this basis Student’s Motion to Quash District’s subpoena seeking the production of records by Jill Weckerly, Ph.D. is denied without prejudice.

IT IS SO ORDERED.

DATE: November 13, 2017

TED MANN

Administrative Law Judge Office of Administrative Hearings