California OAH special education order · November 27, 2023
Order of Disqualification Pursuant to California Code of Civil Procedure Section 170.1
OAH Case No. 2023070609 · ALJ Sabrina Kong
ALJ Sabrina Kong recused herself from the case under Code of Civil Procedure section 170.1(a)(6), citing the interests of justice and possible doubts about impartiality.
Summary
Five days after being assigned this case, ALJ Sabrina Kong recused herself on her own initiative. She cited Code of Civil Procedure section 170.1(a)(6)(A)(i), (ii), and (iii). Those provisions require a judge to step aside if recusal would further the interests of justice, if the judge doubts their own capacity to be impartial, or if a person aware of the facts might reasonably doubt the judge's impartiality. The order does not say what facts led to the recusal.
Why it matters
OAH judges can remove themselves from a case on their own without any party asking, and they do not have to explain the specific reason. A different ALJ will be assigned to hear the case.
Key authority cited
- Code Civ. Proc., § 170.1, subd. (a)(6)
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 2023070609
ORDER OF DISQUALIFICATION PURSUANT TO
CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 170.1
NOVEMBER 27, 2023
On November 22, 2023, Administrative Law Judge Sabrina Kong was assigned this case. Administrative Law Judge is called an ALJ. ALJ Kong hereby recuses herself under California Code of Civil Procedure Section 170.1(a)(6) which states that a judge shall be disqualified:
“(A) For any reason:
(i) The judge believes his or her recusal would further the interests of justice.
(ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial.
(iii) A person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.”
Code of Civil Procedure § 170.1(a)(6)(A)(i)(ii) and (iii).
IT IS SO ORDERED.
Sabrina Kong Administrative Law Judge Office of Administrative Hearings