California OAH special education order · September 22, 2017
Order Setting Aside Order to Show Cause
OAH Case No. 2017061295 · ALJ Peter Paul Castillo
OAH set aside its order to show cause against Student's counsel over a missed mediation because counsel took full responsibility and the miss was an inadvertent calendaring error.
Summary
OAH ordered Student's counsel to show cause why she should not pay OAH's costs after she failed to attend a scheduled September 13, 2017 mediation. In her response and declaration, counsel admitted she had agreed to the date and her office had confirmed it, but she entered the wrong date on her calendar by accident. Because she accepted responsibility and the failure was inadvertent, OAH set aside the order to show cause and vacated the show-cause hearing. OAH also warned her to double-check her calendar and OAH's online calendar in the future.
Why it matters
Missing a confirmed mediation can expose an attorney to paying OAH's costs. A prompt, candid declaration taking responsibility for an honest mistake can persuade OAH not to impose sanctions.
People named in the order
- Jennifer S. Chang, Student's counsel
- Peter Paul Castillo, Presiding Administrative Law Judge
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. 2017061295 v. ORDER SETTING ASIDE ORDER TO
SHOW CAUSE
LOS ANGELES UNIFIED SCHOOL
DISTRICT AND CAMINO NUEVO
ACADEMY #4.
On September 15, 2017, the Office of Administrative Hearings issued an Order to Show Cause why Student’s counsel should not pay OAH’s costs related to cancelation of the scheduled September 13, 2017, 9:00 a.m. mediation. The Order to Show Cause called for Student’s counsel, Jennifer S. Chang, to submit a response to OAH by September 19, 2017.
OAH received the response on September 19, 2017. Los Angeles Unified School District and Camino Nuevo Academy #4 were not requested to submit any documents.
Ms. Chang’s response, which included a declaration, took full responsibility in that she acknowledged that she agreed to the continued mediation date of September 13, 2017, which OAH granted on July 24, 2017, and that her office confirmed the mediation on September 7, 2017. However, Ms. Chang entered the wrong date on her calendar by accident. Based on Ms. Chang’s acknowledgement of responsibility and that her failure to attend was due to her inadvertence, the Order Show to Cause is set aside and the Order to Show Cause hearing for September 22, 2017, is vacated. However, Ms. Chang is advised in the future to double check her calendar and OAH’s online calendar.
IT IS SO ORDERED.
DATE: September 22, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings