California OAH special education order · September 8, 2021
Order Vacating Order to Show Cause Hearing
OAH Case No. 2021090031, 2021060059 · ALJ Rommel P. Cruz
OAH vacated its order to show cause hearing on shifting Central Unified's costs to Student's attorney because Central Unified did not file the required cost-shifting motion and declarations by the deadline.
Summary
On September 3, 2021, OAH set an order to show cause hearing on whether Central Unified's costs from communications and motion filings about Student's due process request should be shifted to Student's attorney. OAH told Central Unified to file a cost-shifting motion with declarations by 5:00 p.m. on September 7, 2021. Central Unified did not file one. OAH therefore vacated the September 20, 2021 hearing.
Why it matters
A sanctions proceeding against an attorney may end if the party seeking costs does not follow through with a timely motion and supporting declarations.
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 CONSOLIDATED MATTERS OF:
PARENT ON BEHALF OF STUDENT,
and
CENTRAL UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2021090031
OAH CASE NUMBER 2021060059
ORDER VACATING ORDER TO SHOW CAUSE HEARING
SEPTEMBER 8, 2021
On September 3, 2021, the Office of Administrative Hearing, called OAH, set an Order to Show Cause hearing as to why Central Unified School District’s costs related to communications and filings of motions regarding Student’s due process hearing request should not be shifted to Student’s attorney. OAH ordered Central Unified to file a motion for cost shifting with declarations by 5:00 PM on September 7, 2021. Central Unified did not file a motion for cost shifting.
Accordingly, the Order to Show Cause hearing scheduled for September 20, 2021, is vacated.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings