California OAH special education order · September 16, 2021
Order Granting Request for Reconsideration and Granting Request for Mediation
OAH Case No. 2021060466 · ALJ Christine Arden
OAH granted Ventura Unified's reconsideration motion and set a second mediation, because the first mediation was cancelled when district counsel was ordered to appear in another continuing hearing.
Summary
One day earlier, OAH had denied the parties' joint request to schedule a second mediation. Ventura Unified School District asked OAH to reconsider, and Student did not respond. The district explained that the first mediation was cancelled because its attorney was ordered to appear that day in a continuing hearing in another case. OAH found this new fact justified reconsideration and set a videoconference mediation for September 29, 2021.
Why it matters
A party can get a denied request for a second mediation reconsidered by quickly explaining, with new facts, why the first mediation fell through. Parties should explain the reason for a rescheduling request up front to avoid an initial denial.
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:
PARENTS ON BEHALF OF STUDENT,
v.
VENTURA UNIFIED SCHOOL DISTRICT AND VENTURA COUNTY
OFFICE OF EDUCATION.
OAH CASE NUMBER 2021060466
ORDER GRANTING REQUEST FOR RECONSIDERATION
AND GRANTING REQUEST FOR MEDIATION
SEPTEMBER 16, 2021
On September 15, 2021, the undersigned Administrative Law Judge issued an order Denying Request for Mediation. On September 16, 2021, Ventura Unified School District filed a motion for reconsideration. The Office of Administrative Hearings did not receive a response from Student.
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
Ventura Unified School District offered new facts to support its motion for reconsideration. Ventura Unified School District stated in its motion for reconsideration that the parties cancelled the first scheduled mediation because counsel for Ventura Unified School District was ordered to appear in a continuing hearing in another matter on the date initially scheduled for the mediation in this case. This new fact justifies reconsideration of the parties’ joint request to schedule a second mediation date in this case. For that reason, the motion for reconsideration is granted.
ORDER
On reconsideration, the parties’ request to schedule a second mediation is granted. A videoconference mediation, using the Microsoft Teams application, is set for September 29, 2021, from 9:00 AM to 4:30 PM. ANY CHANGES TO THE PARTICIPANTS’
EMAIL ADDRESS PROVIDED BY THE PARTIES IN THEIR REQUEST FOR MEDIATION MUST
BE FILED TWO BUISNESS DAYS BEFFORE THE SCHEDULED EVENT.
All dates set in this matter are confirmed.
IT IS SO ORDERED.
Christine Arden Administrative Law Judge Office of Administrative Hearings