California OAH special education order · March 3, 2023
Order Ruling Granite Mountain Charter School's Motion for Reconsideration Is Moot
OAH Case No. 2023010119, 2022080567 · ALJ Christine Arden
OAH found Granite Mountain Charter School's motion for reconsideration of the dismissal of 13 of its issues moot because the school withdrew its remaining issues and its case was dismissed.
This case went to decision
Student v. Granite Mountain Charter School: Granite Mountain Charter School prevails on all claims, including IEE requests and therapist supervision; one claim dismissed with prejudice. (2023)
Summary
Granite Mountain Charter School objected to the ALJ's prehearing conference order, which had dismissed 13 of its issues for lack of jurisdiction. OAH treated the objection as a motion for reconsideration. Student filed a response. The ALJ noted that the objection gave no arguments, authority, or new facts that would justify reconsideration. Because the school then withdrew all three of its remaining issues and OAH dismissed its case, the ALJ found the motion moot and did not rule on it.
Why it matters
A request for reconsideration needs new or different facts, circumstances, or law, and a bare objection without specifics will not meet that standard. Once a party withdraws its case, any pending motions in that case become moot.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
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 INVOLVING:
PARENT ON BEHALF OF STUDENT,
and
GRANITE MOUNTAIN CHARTER SCHOOL,
OAH CASE NUMBER 2023010119
OAH CASE NUMBER 2022080567
ORDER RULING GRANITE MOUNTAIN CHARTER
SCHOOL’S MOTION FOR RECONSIDERATION IS MOOT
MARCH 3, 2023
On February 17, 2023, the undersigned Administrative Law Judge, called the ALJ, issued an Order Following Prehearing Conference, memorializing all Orders issued and what had transpired at the Prehearing Conference, called the PHC, on that date. On October 21, 2023, Granite Mountain Charter School, called GMCS, filed an Objection to Order Following PHC, in which it objected to the ALJ’s dismissal of 13 of its issues at the February 17, 2023 PHC for lack of jurisdiction. GMSC’s objection did not provide any substantive arguments or authority to support its objection. It did not reference with specificity any of its 13 issues which were dismissed for lack of jurisdiction, or any new or different facts, circumstances, or authority which would justify reconsideration of the ALJ’s dismissal of certain of GMCS’s issues for lack of jurisdiction.
Student filed a response to GMCS’s Objection to Order Following PHC on February 22, 2023. GMCS’s objection to Order Following PHC is treated as a Motion for Reconsideration of the ALJ’s Order dismissing GMCS’s issues that it numbered 1 through 12, and issue 14 in both its Fourth Prehearing Conference Statement and in its Due Process Request.
APPLICABLE LAW ON MOTIONS FOR RECONSIDERATION
The Office of Administrative Hearings, called OAH, will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time, generally within ten days. (See, e.g., Gov. Code, § 11521; Code Civ. Proc., § 1008.)
The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v.
Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.) GMSC’s objection failed to make a showing of any different facts, circumstances, or law which would justify the ALJ’s reconsideration of dismissal of GMSC’s issues 1 through 12, and 14.
THE MOTION FOR RECONSIDERATION IS MOOT
On February 28, 2023, GMCS withdrew all 3 of its pending issues in GMCS’s case number 2022080567. Therefore, OAH has dismissed GMCS’s case number2022080567.
Due to GMSC’s withdrawal of all of its pending issues, and dismissal of GMSC’s case, its motion for reconsideration is now moot. Therefore, it is not necessary for OAH to rule on GMCS’s motion for reconsideration.
ORDER
GMCS’s motion for reconsideration is now moot because GMCS has withdrawn all of its pending issues from OAH case number 2022080567, which has been dismissed by OAH.
IT IS SO ORDERED.
Christine Arden Administrative Law Judge Office of Administrative Hearings