California OAH special education order · December 26, 2018
Order Setting Aside Order to Show Cause
OAH Case No. 2018100224 · ALJ Peter Paul Castillo
OAH set aside its order to show cause against Paramount's attorney for missing a scheduled mediation, finding her absence was an honest mistake caused by miscommunication about rescheduling.
Summary
OAH ordered Paramount's attorney, Angela Gordon, to show cause why she should not pay OAH's costs after she failed to appear at a December 5, 2018 mediation. The mediator, Student's family, Student's attorney, an interpreter, and a district representative were all present, and the mediation was cancelled. In her response, Ms. Gordon took full responsibility and explained that confusing communications with Student's attorney's office about possibly rescheduling because of ongoing assessments led her to believe the mediation would be moved. Student filed a non-opposition confirming this account, so OAH found an honest mistake and set aside the order to show cause.
Why it matters
OAH may charge an attorney its costs when a scheduled mediation falls apart because the attorney does not show up. A sincere explanation, especially one the other side confirms, can avoid sanctions, but parties should confirm any change to a mediation date in writing with OAH.
People named in the order
- Angela Gordon, Attorney for Paramount Unified School District
- 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. 2018100224 v. ORDER SETTING ASIDE ORDER TO
SHOW CAUSE
PARAMOUNT UNIFIED SCHOOL
DISTRICT .
On December 12, 2018, the Office of Administrative Hearings issued an Order to Show Cause why Paramount Unified School District’s attorney, Angela Gordon, should not pay OAH’s costs related to the cancelation of the scheduled December 5, 2018, mediation. The Order to Show Cause called for Paramount’s attorney to submit a response to OAH by December 19, 2018. OAH received the response on December 19, 2018. Student filed a non- opposition to Paramount’s response on December 20, 2018.
The basis for the order to show cause was that on October 29, 2018, OAH granted the parties’ joint continuance request, with their requested mediation date of December 5, 2018. On December 5, 2018, the assigned mediator traveled to Paramount’s office. Student’s family, Student’s attorney and OAH provided interpreter were present for the mediation. Paramount’s representative was present. Ms. Gordon did not appear for the mediation. Ms. Gordon was contacted and stated that she did not appear as she believed that the mediation was to be continued. The mediation was subsequently cancelled.
In Ms. Gordon’s response, she takes full responsibility for what transpired regarding the confusion in communication between her, her office, and Student’s attorney’s office regarding possibly rescheduling the mediation due to ongoing assessments, which caused her to believe the mediation would be rescheduled, which Student’s response confirmed. Therefore, Ms. Gordon’s failure to appear was due to an honest mistake. Therefore, the order to show cause is set aside.
IT IS SO ORDERED.
DATE: December 26, 2018
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings