California OAH special education order · March 7, 2024
Order Notifying Parties of Possible Receipt of Attorney-Client Communications, Continuance of Prehearing Conference and Due Process Hearing, and Recusal of Administrative Law Judge
OAH Case No. 2024020844 · ALJ Tiffany Gilmartin
ALJ recused herself and continued the hearing after Downey filed a due process complaint containing internal comments between Downey and its counsel; Downey must refile a clean version.
Summary
While preparing for the prehearing conference, the ALJ found that Downey's due process complaint contained internal comments between Downey and its attorney. The Presiding ALJ ordered both versions of the complaint locked. OAH, on its own motion, ordered Downey to refile the complaint with all internal comments removed within three business days, and ordered Student and Student's counsel to destroy any documents they received containing attorney work product. OAH also continued the prehearing conference to March 22, 2024, and the hearing to April 3 and 4, 2024, and the ALJ recused herself in the interests of justice.
Why it matters
If a party files privileged attorney-client material with OAH by mistake, the ALJ who saw it may step aside and the case can be delayed. The other side may also be ordered to destroy the material. Lawyers should check filings for hidden comments and tracked changes before submitting them.
Key authority cited
- Code Civ. Proc., § 170.1
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:
DOWNEY UNIFIED SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2024020844
ORDER NOTIFYING PARTIES OF POSSIBLE RECEIPT OF
ATTORNEY-CLIENT COMMUNICATIONS, CONTINUANCE
OF PREHEARING CONFERENCE AND DUE PROCESS
HEARING, AND RECUSAL OF ADMINISTRATIVE LAW
JUDGE
MARCH 7, 2024
On February 27, 2024, Downey Unified School District filed a Request for Due Process naming Student. Shortly following the original Request for Due Process, Downey filed a second request for Due Process with a corrected proof of service. In preparation for the Prehearing Conference, the undersigned reviewed Downey’s Request for Due Process where it was determined Downey had filed a document reflecting comments between Downey’s counsel and Downey. The undersigned notified the Presiding Administrative Law Judge who ordered the two Request for Due Process locked.
Downey is ordered to refile the same document with all internal comments removed from the document within three business days of this order. The prehearing conference and due process hearing will be continued to allow Downey to comply with this requirement. Student and Student’s counsel are ordered to destroy any documents they received from Downey that contain attorney work product.
PREHEARING CONFERENCE will be held on March 22, 2024, at 3:00 PM.
DUE PROCESS HEARING will be held on April 3, and 4, 2024.
The interests of justice support the recusal of the undesigned in this matter.
(Code of Civil Procedure section170.1.)
IT IS SO ORDERED.
Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings