California OAH special education order · February 16, 2022
Order Regarding Documentation
OAH Case No. 2021110422 · ALJ Marlo Nisperos
OAH found both sides' papers on Monrovia's sanctions motion apparently incomplete and allowed each party to refile complete versions by 10:00 a.m. on February 18, 2022.
Summary
Monrovia filed a motion for sanctions. Its supporting declaration from Elizabeth Orozco had no signature showing it was made under penalty of perjury. Student's opposition included a declaration from Anitra Harris but no legal argument against the motion. On its own motion, OAH found both filings appeared incomplete and let both parties refile complete versions by February 18, 2022, without ruling on whether sanctions should be imposed.
Why it matters
Declarations must be signed under penalty of perjury, and an opposition should contain actual legal argument. OAH may flag defective filings, but parties should not count on getting a second chance.
People named in the order
- Elizabeth Orozco, Declarant in support of Monrovia's sanctions motion
- Anitra Harris, Declarant in support of Student's opposition
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.
MONROVIA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021110422
ORDER REGARDING DOCUMENTATION
FEBRUARY 16, 2022
On February 10, 2022, Monrovia Unified School District filed a Motion for Sanctions and Declarations in Support Thereof with the Office of Administrative Hearings, referred to as OAH. Monrovia’s motion consisted of 14 pages. The declaration of Elizabeth Orozco did not have a signature reflecting that the statement was made under the penalty of perjury.
On February 15, 2022, Student filed Petitioner’s Opposition and Declaration in Response to Respondent’s Request for Sanctions. Student’s motion consisted of five pages, including a declaration of Anitra Harris. The pleading did not contain legal argument opposing Monrovia’s motion.
The pleadings filed by both parties appear to be incomplete. Both parties may refile complete versions of their motions by 10:00 AM on February 18, 2022.
IT IS SO ORDERED.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings