California OAH special education order · February 22, 2019
Order Denying Motion to Consolidate Without Prejudice
OAH Case No. 2019020384, 2019020740 · ALJ Tiffany Gilmartin
OAH denied Student's motion to consolidate without prejudice because San Mateo amended its complaint after the motion was filed, so the motion no longer addressed the operative complaint.
Summary
Student asked OAH to consolidate Student's due process case with San Mateo's earlier-filed case. The next day, San Mateo moved to amend its complaint from one issue to two, then objected that the consolidation request no longer rested on the operative complaint. OAH agreed and denied the motion without prejudice, which leaves Student free to refile it based on the amended complaint.
Why it matters
If the other side amends its complaint after you move to consolidate, your motion may be denied because it no longer matches the operative complaint. Be ready to refile the motion so it addresses the amended pleading.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
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:
SAN MATEO UNION HIGH SCHOOL OAH Case No. 2019020384
DISTRICT ,
ORDER DENYING MOTION TO
v. CONSOLIDATE WITHOUT
PREJUDICE
PARENT ON BEHALF OF STUDENT.
On February 11, 2019, San Mateo Union High School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2019020384, District’s Case, naming Student.
On February 20, 2019, Student filed a Request for Due Process Hearing in OAH case number 2019020740, Student’s case, naming San Mateo.
On February 20, 2019, Student filed a Motion to Consolidate Student’s Case with District’s Case. On February 21, 2019, San Mateo filed a first motion to amend. On February 22, 2019, San Mateo filed an objection to consolidation on the grounds the request is no longer based on the operative complaint.
APPLICABLE LAW AND DISCUSSION
Although no statute or regulation specifically provides a standard to be applied in deciding a motion to consolidate special education cases, OAH will generally consolidate matters that involve: a common question of law and/or fact; the same parties; and when consolidation of the matters furthers the interests of judicial economy by saving time or preventing inconsistent rulings. (See Gov. Code, § 11507.3, subd. (a) [administrative proceedings may be consolidated if they involve a common question of law or fact]; Code of Civ. Proc., § 1048, subd. (a) [same applies to civil cases].)
Here, Student filed to consolidate District’s case when it was originally pled as a single issue. San Mateo has subsequently amended its complaint to a two issue matter. As Student’s motion to consolidate is no longer based on the operative complaint, Student’s motion to consolidate is denied without prejudice.
ORDER
1. Student’s Motion to Consolidate is denied without prejudice.
IT IS SO ORDERED.
DATE: February 22, 2019
TIFFANY GILMARTIN
Administrative Law Judge Office of Administrative Hearings