California OAH special education order · July 1, 2022
Order Granting Request to Reopen Case
OAH Case No. 2022040967 · ALJ Theresa Ravandi
OAH reopened Student's case and reinstated all dates because the dismissal was filed by mistake by a law firm that did not represent Student and had no authority to dismiss it.
Summary
OAH dismissed Student's case on June 22, 2022, after another law firm filed a request to dismiss. Student asked to reopen the case, explaining that this firm did not represent Student and had meant to dismiss a different matter. Vista Unified did not respond. OAH found the firm had no authority to dismiss Student's case, reopened it under the same case number, and reinstated the mediation, prehearing conference, and hearing dates.
Why it matters
A dismissal filed in error by someone without authority to act for the family can be undone quickly if the family promptly asks OAH to reopen. Families should watch their case docket for unexpected filings.
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.
VISTA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022040967
ORDER GRANTING REQUEST TO REOPEN CASE
JULY 1, 2022
On June 22, 2022, the Office of Administrative Hearings issued a dismissal vacating all hearing dates and closing this case.
On June 24, 2022, Student filed a request to reopen the case because another law firm that does not represent Student inadvertently filed to dismiss Student’s case.
Vista Unified School District has not filed a response.
Student has established that the law firm that filed a request to dismiss in this case did not have the authority to dismiss Student’s case. Rather, the dismissal was intended for another matter. As such, OAH hereby grants Student’s request to reopen this matter.
ORDER
1. Student’s request to reopen the case is granted. The case shall be
reopened under the same case number, OAH case number 2022040967.
2. All prior dates are reinstated. Mediation remains set for July 6, 2022, 9:00
AM to 4:30 PM. The prehearing conference is set for August 22, 2022, at 1:00 PM, and the due process hearing is scheduled for August 30, through September 1, 2022, beginning each day at 9:30 AM.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings