California OAH special education order · December 7, 2022
Order Discharging Order to Show Cause
OAH Case No. 2022090128 · ALJ Cynthia Fritz
OAH discharged an order to show cause against Student's attorney for missing the prehearing conference, finding her timely declaration explained the absence well enough to avoid sanctions.
Summary
Student's attorney, Jennifer Chang, did not appear at the December 2, 2022 prehearing conference. OAH ordered her to file a declaration explaining her absence and why she should not have to pay the costs of Los Angeles Unified School District and OAH, and why the case should not be dismissed. Chang filed a timely declaration that OAH found sufficient, so no sanctions were imposed. OAH discharged the order to show cause and vacated the December 9 hearing on it, while warning counsel to diligently appear at all OAH-ordered matters.
Why it matters
Missing a prehearing conference can expose an attorney to cost sanctions and put the parent's case at risk of dismissal. A prompt, adequate explanation in response to an order to show cause can avoid those penalties.
People named in the order
- Jennifer Chang, Student's attorney
- Cynthia Fritz, Administrative Law Judge
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.
LOS ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022090128
ORDER DISCHARGING ORDER TO SHOW CAUSE
DECEMBER 7, 2022
On September 6, 2022, Parents on behalf of Student filed a due process hearing request with the Office of Administrative Hearing, called OAH, naming Los Angeles Unified School District. The undersigned administrative law judge convened the PHC on Friday, December 2, 2022, at 10:00 AM. Student’s attorney, Jennifer Chang, failed to appear at the designated time. The undersigned waited until 10:10 AM for Chang to appear and participate in the PHC but Chang made no appearance. On December 2, 2022, Chang was ordered to file a declaration with OAH no later than 5:00 PM on December 6, 2022, explaining her failure to appear at the PHC on December 2, 2022, and why she should not be ordered to pay the costs of Los Angeles Unified School District, OAH, and dismissal of this matter because of her failure to appear.
On December 5, 2022, Chang timely filed a declaration. The explanation was sufficient, so sanctions will not be imposed. Counsel is advised to diligently appear for all OAH ordered matters going forward.
Accordingly, the Order to Show Cause issued December 2, 2022, is discharged.
The Order to Show Cause hearing schedule for December 9, 2022, at 1:00 PM is vacated.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings