California OAH special education order · April 25, 2022
Notice of No Action on Motion for Sanctions
OAH Case No. 2021110728 · ALJ Deborah Myers-Cregar
OAH took no action on Rocklin's sanctions motion against Student's counsel because the case had already been dismissed after settlement, leaving OAH without jurisdiction.
Summary
Rocklin asked for sanctions against Student's side. It said Student failed to ask OAH to vacate hearing dates after the parties signed a settlement, which forced Rocklin to prepare for a prehearing conference. It also said Student's counsel acted rudely and shouted during that conference. Student opposed the motion, but after Rocklin's board approved the settlement, Student asked to dismiss the case, and OAH ruled it had no jurisdiction to decide the sanctions motion once the case was settled and dismissed.
Why it matters
Once a case is settled and dismissed, OAH loses the power to rule on pending motions, including sanctions requests. A party that wants sanctions decided should raise them before dismissal or address them in the settlement terms. Separately, parties should promptly tell OAH about a settlement so hearing dates can be vacated.
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.
ROCKLIN UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021110728
NOTICE OF NO ACTION ON MOTION FOR SANCTIONS
APRIL 25, 2022
On November 24, 2021, Student filed a request for due process hearing with the Office of Administrative Hearings, called OAH, naming Rocklin Unified School District as respondent. At the November 29, 2021 prehearing conference, called a PHC, Student’s case was consolidated with Rocklin’s due process complaint number 2021110357, filed on November 12, 2021, and later dismissed at the request of Rocklin.
On March 11, 2022, the parties executed a written settlement agreement subject to board approval, but Student did not notify OAH and ask to vacate the PHC and due process hearing dates. On March 21, 2022, OAH held a second prehearing conference in which Student’s counsel did not oppose vacating dates. On March 22, 2022, OAH issued an order following the PHC vacating hearing dates and the matter was calendared for 30 days after the April 20, 2022 board meeting.
On April 14, 2022, Rocklin brought a motion for sanctions for Student’s refusal to request vacating dates, causing it to prepare for the PHC. It also alleged that Student’s counsel’s tactics were done in bad faith as counsel acted rudely and shouted repeatedly during the PHC. On April 18, 2022, Student opposed this motion.
On April 20, 2022, Rocklin’s board of directors approved the settlement. On April 22, 2022, Rocklin’s counsel confirmed the approval. On April 22, 2022, Student filed a Request to Dismiss the case.
On April 25, 2022, OAH granted Student’s request and dismissed the case.
Therefore, no action is taken on the Rocklin’s motion for sanctions as OAH has no jurisdiction after settlement and dismissal of the parties’ cases.
IT IS SO ORDERED
Deborah Myers-Cregar Administrative Law Judge Office of Administrative Hearings