California OAH special education order · May 22, 2020
Order Dismissing Order to Show Cause
OAH Case No. 2020010118 · ALJ Cararea Lucier
OAH dismissed its order to show cause on expenses and dismissal for inactivity, finding the parties missed the prehearing conference because of unclear communication with OAH, not to delay the case.
Summary
OAH had ordered both parties to show cause why they should not pay expenses and why the case should not be dismissed for inactivity after neither side appeared at a noticed prehearing conference. All parties filed timely responses. OAH found the missed appearance came from a lack of clear, timely communication between the parties and OAH, not an effort to cause delay or waste judicial resources, so it dismissed the order to show cause.
Why it matters
Missing a prehearing conference can lead to cost-shifting or dismissal, but a prompt, timely response explaining a communication breakdown can avoid both. Parents and attorneys should answer any order to show cause by its deadline.
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,
v.
FONTANA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020010118
ORDER DISMISSING ORDER TO SHOW CAUSE
MAY 22, 2020
On May 18, 2020, the Office of Administrative Hearings issued an Order Following Prehearing Conference and Order To Show Cause As To Why Parties Should Not Pay Expenses And Matter Should Not Be Dismissed For Inactivity. The Order to Show Cause was based upon the failure of the parties to appear at a duly noticed Prehearing Conference. Pursuant to the Order to Show Cause all parties filed a timely response.
Having considered all of the pleadings and the evidence OAH is satisfied that the failure to appear at the Prehearing Conference was due to a lack of clear timely communication between the parties and OAH and not done to cause unnecessary delay or to waste judicial resources.
Accordingly, the Order to Show Cause is dismissed.
IT IS SO ORDERED.
Cararea Lucier Administrative Law Judge Office of Administrative Hearings