California OAH special education order · December 13, 2023
Order Denying Motion to Quash Subpoena as Moot
OAH Case No. 2023110714 · ALJ Marlo Nisperos
OAH denied Student's motion to quash Sequoia Union's subpoena for a private psychologist's records as moot because the District withdrew its records request before the expedited hearing.
This case went to decision
Student v. Sequoia Union High School District: Sequoia Union High School District prevails; manifestation team need not decide IEP implementation question once it finds conduct disability-related. (2024)
Summary
Sequoia Union subpoenaed records from Student's private psychologist, Dr. Brendan Pratt. Student moved to quash the subpoena, arguing it did not comply with Code of Civil Procedure section 1985.3, the rule requiring notice to the person whose personal records are sought. Sequoia Union responded that it had told Dr. Pratt the records were no longer needed, because his assessment was not relevant to the single issue set for the December 19, 2023 expedited hearing. OAH denied the motion as moot.
Why it matters
Families can challenge a subpoena for private provider records that skips the consumer-notice rules of Code of Civil Procedure section 1985.3. A prompt motion to quash may lead a district to withdraw the request altogether.
Key authority cited
- Code Civ. Proc., § 1985.3
People named in the order
- Dr. Brendan Pratt, Licensed psychologist, The Pratt Center (subpoenaed provider)
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:
PARENT ON BEHALF OF STUDENT,
v.
SEQUOIA UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2023110714
ORDER DENYING MOTION TO QUASH SUBPOENA
AS MOOT
DECEMBER 13, 2023
On November 21, 2023, Parent on behalf of Student filed a request for due process naming Sequoia Union High School District. On November 22, 2023, a scheduling order was issued in this matter scheduling the case for expedited due process hearing on December 19, 2023.
On December 8, 2023, Sequoia Union issued a subpoena duces tecum on Dr. Brendan Pratt, Licensed Psychologist, The Pratt Center.
On December 12, 2023, Student filed a motion to quash the subpoena duces tecum on the grounds that it failed to comply with Code of Civil Procedure section 1985.3. On December 12, 2023, Sequoia Union filed a response stating that it informed Dr. Brendan Prat that the records requested are no longer required for the expedited due process hearing scheduled on December 19, 2023. Sequoia Union believed that based on single the issue that will be heard at the expedited hearing, Dr. Pratt’s assessment and related records were not relevant.
ORDER
1. Student’s motion to quash Sequoia Union’s subpoena to Dr. Brendan Pratt is
DENIED as moot.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings