California OAH special education order · December 9, 2020
Order Granting Request for Reconsideration and Setting Prehearing Conference
OAH Case No. 2020100428 · ALJ Rita Defilippis
OAH granted Student's request to reconsider the prehearing conference order because Student's counsel tried but failed to join the virtual conference, and set a new prehearing conference.
Summary
On December 8, 2020, the ALJ issued an order after a prehearing conference. Student's attorney had tried to join that virtual conference but could not, so she was unable to raise her request to continue the hearing. Student asked OAH to reconsider the order, and Oakland opposed. OAH found the failed attempt to join was a new fact justifying reconsideration, granted the request, and set a new prehearing conference for December 11, 2020, where Student's continuance request will be discussed.
Why it matters
If technical or other problems keep a party from taking part in a virtual prehearing conference, a prompt reconsideration request explaining what happened can get the conference reopened. That gives the party a chance to raise issues such as a continuance.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
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:
OAKLAND UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2020100428
ORDER GRANTING REQUEST FOR RECONSIDERATION
AND SETTING PREHEARING CONFERENCE
DECEMBER 9, 2020
On December 8, 2020, the undersigned Administrative Law Judge issued an order following prehearing conference. On December 9, 2020, Student filed a motion to reconsider the order following prehearing conference. The basis of the request for reconsideration was that Student’s counsel, Ms. Porter, unsuccessfully attempted to appear at the prehearing conference and was thereby unable to discuss, among other things, her request for a continuance of hearing. Oakland Unified School District’s counsel, Mr. Mishook, confirmed on the record during the prehearing conference that Ms. Porter was briefly present before the prehearing conference and then left before the undersigned joined the virtual prehearing conference. On December 9, Oakland filed a response opposing Student’s request for reconsideration. On December 9, Student filed an amended request for reconsideration.
APPLICABLE LAW
The Office of Administrative Hearings will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time, generally within ten days. (See, e.g., Gov. Code, § 11521; Code Civ. Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.)
DISCUSSION
Student offers new facts and circumstances to support reconsideration. Student’s counsel established that she attempted to join the prehearing conference but due to a variety of factors, was not able to do so. The motion for reconsideration is granted.
ORDER
On reconsideration, a prehearing conference shall be convened on December 11, 2020, at 10:00 am, pacific standard time. Student’s request for continuance will be discussed at the December 11, 2020, prehearing conference.
IT IS SO ORDERED.
Rita Defilippis Administrative Law Judge Office of Administrative Hearings