California OAH special education order · June 20, 2023
Order Denying Motion to Quash Subpoena as Moot
OAH Case No. 2023020159 · ALJ Judith Pasewark
OAH denied a private school's motion to quash a district subpoena as moot because Student's amended complaint vacated the hearing dates, so all subpoenas must be reissued and re-served.
Summary
Manhattan Beach Unified served a subpoena duces tecum on Rolling Hills Preparatory School. Rolling Hills moved to quash, arguing among other things that service was improper, and neither Student nor the District opposed. The same day OAH granted Student's motion to amend the complaint, which vacated the June 27 through 29, 2023 hearing dates. OAH denied the motion to quash as moot because all previously issued subpoenas must be reissued and re-served once new hearing dates are set.
Why it matters
When an amended complaint resets the hearing timeline, earlier subpoenas no longer work and must be reissued and properly served. Parties who need records from private schools or other non-parties should plan to re-serve them after new dates are set.
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.
MANHATTAN BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023020159
ORDER DENYING MOTION TO QUASH SUBPOENA AS MOOT
JUNE 20, 2023
On February 6, 2023, Student filed a request for due process naming Manhattan Beach Unified School District. On May 26, 2023, OAH granted a continuance in this matter to June 27, through 29, 2023. The Office of Administrative Hearings is called
OAH.
On June 12, 2023, Manhattan Beach Unified issued a subpoena duces tecum on Rolling Hills Preparatory School.
On June 12, 2023, Rolling Hills Preparatory School filed a motion to quash the subpoenas on the grounds that, among other things, the subpoenas were improperly served on Rolling Hills. OAH received no opposition from either Student or Manhattan Beach Unified.
On June 20, 2023, OAH granted Student’s Motion to Amend the complaint, which vacated the hearing dates of June 27, through 29, 2023. Rolling Hills’s Motion to Quash is therefore moot because all subpoenas previously issued must be reissued and reserved based upon new hearing dates to be set by OAH.
IT IS SO ORDERED.
Judith Pasewark Administrative Law Judge Office of Administrative Hearings