California OAH special education order · August 5, 2024
Order to Shift Expenses
OAH Case No. 2024040511 · ALJ Rommel P. Cruz
OAH ordered Student's attorney Sheila Bayne and her firm to pay Brentwood Union $8,182.50 for filing and pursuing claims already waived in a settlement, but denied $1,176.50 in additional fees.
Summary
After OAH dismissed Student's complaint because its claims were barred by a November 29, 2023, settlement agreement, it found on July 5, 2024, that Student's attorney's firm used bad faith, frivolous tactics, and it directed Brentwood Union to submit invoices. Brentwood Union then sought $9,359.00. OAH found the fees reasonable but awarded only the $8,182.50 originally requested, because the district should have attached an invoice to its sanctions motion. The attorney and firm must pay within 30 days by certified check, jointly and severally, and may not pass the costs on to Student or Parents.
Why it matters
Filing due process claims that a family already released in a settlement can make the attorney personally liable for the district's legal fees. Parties seeking sanctions should attach detailed invoices to the motion itself or risk losing later-incurred fees.
Key authority cited
- Gov. Code, § 11405.80
- Gov. Code, § 11455.30
- Cal. Code Regs., tit. 5, § 3088
- Wyner ex rel. Wyner v. Manhattan Beach Unified School Dist. (9th Cir. 2000) 223 F.3d 1026
People named in the order
- Sheila C. Bayne, Student's attorney (sanctioned)
- Rommel P. Cruz, Administrative Law Judge
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.
BRENTWOOD UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2024040511
ORDER TO SHIFT EXPENSES
AUGUST 5, 2024
On April 12, 2024, Parents on behalf of Student, through their attorney Sheila C. Bayne, and the Law Offices of Sheila Bayne, filed a due process hearing request with the Office of Administrative Hearings, naming Brentwood Union School District.
A due process hearing request is called a complaint. The Office of Administrative Hearings is called OAH.
On May 17, 2024, OAH held a prehearing conference by videoconference.
After receiving arguments from both parties, OAH dismissed Student’s complaint because the issues raised were barred by the November 29, 2023, settlement agreement.
On May 22, 2024, Brentwood Union filed a motion to sanction the Law Offices of Sheila Bayne. Brentwood Union contended the Law Offices of Sheila Bayne engaged in bad faith, frivolous tactics by filing a complaint to litigate claims that were resolved through the November 29, 2023, settlement agreement. Brentwood Union further contended the Law Offices of Sheila Bayne continued to engage in bad faith, frivolous tactics by filing an opposition which erroneously claimed Student’s claims were based on a violation of the settlement agreement.
Brentwood Union sought an order to shift the cost it had incurred in legal fees to the Law Offices of Sheila Bayne in the amount of $8,182.50. Brentwood Union contended the legal fees were necessary to respond to Student’s complaint, including the filing of its motion to dismiss and motion for sanctions.
On July 5, 2024, the Office of Administrative Hearings, called OAH, granted Brentwood Union’s motion to sanction the Law Offices of Sheila Bayne. OAH found the Law Offices of Sheila Bayne engaged in bad faith, frivolous tactics by filing a complaint seeking to litigate claims Student had waived through a November 29, 2023, settlement agreement, and continuing to pursue the frivolous claims through the May 17, 2024, prehearing conference. OAH ordered Brentwood Union to file a detailed invoice, supported by declaration, establishing the legal fees it sought to shift to the Law Offices of Sheila Bayne.
On July 9, 2024, Brentwood Union filed a response to OAH’s July 5, 2024, Order. The response included a declaration by Brentwood Union’s attorney and detailed invoices of the legal fees Brentwood Union incurred in its defense in this matter. In addition to the $8,182.50 Brentwood Union had incurred in legal fees by May 17, 2024, Brentwood Union seeks an additional $1,176.50 for the cost to prepare and file its motion for sanctions and to respond to Student’s opposition to the motion, for a total of $9,359.00.
In certain circumstances, an ALJ presiding over a special education proceeding is authorized to shift expenses from one party to another, or to the Office of Administrative Hearings. (Gov. Code, §§ 11405.80, 11455.30; Cal. Code. Regs., tit. 5, § 3088; see Wyner ex rel. Wyner v. Manhattan Beach Unified School Dist. (9th Cir.
2000) 223 F.3d 1026, 1029 [“Clearly, [California Code of Regulations] § 3088 allows a hearing officer to control the proceedings, similar to a trial judge.”].) Only the ALJ presiding at the hearing may place expenses at issue. (Cal. Code. Regs., tit. 5, § 3088, subd. (b).)
An ALJ presiding over a hearing may, without first obtaining approval from the California Department of Education, order a party, the party’s attorney or other authorized representative, or both, to pay reasonable expenses, including attorney’s fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (Gov. Code, § 11455.30, subd. (a); Cal. Code. Regs., tit. 5, § 3088, subd. (a).) An order to pay expenses is enforceable in the same manner as a money judgment or by seeking a contempt of court order. (Gov. Code, § 11455.30, subd. (b).)
Brentwood Union’s attorney and detailed invoices established shifting the originally requested amount of $8,182.50. The legal fees Brentwood Union incurred to defend against Student’s frivolous claims involved the review of Student’s complaint, reviewing Student’s school records, and analyzing and strategizing its defense and preparation for hearing. Brentwood Union’s legal fees also included the preparation and filing of its motion to dismiss, prehearing conference statement, response to Student’s complaint, motion for sanctions, and its response to Student’s opposition. The legal fees also included the cost for Brentwood Union’s attorney to attend the May 17, 2024, prehearing conference. The detailed invoices established the work, time, and costs undertaken by Brentwood Union’s attorneys to defend Brentwood Union was reasonable. However, since Brentwood Union failed to include a detailed invoice with its sanctions motions that requested $8,182.50, OAH will not reward Brentwood Union with any additional monies, especially since Brentwood Union should have included an invoice with the sanctions motions.
Accordingly, Brentwood Union’s legal fees of $8,182.50 are shifted to Sheila C. Bayne and the Law Offices of Sheila Bayne, as cost-shifting sanctions for the Law Offices’ bad faith, frivolous tactics in this matter.
ORDER
1. Brentwood Union’s request to shift $8,182.50 to Sheila Bayne and the Law
Offices of Sheila Bayne is granted.
2. Within 30 days of this Order, Sheila Bayne and the Law Offices of Sheila
Bayne shall pay Brentwood Union by certified check the sum of $8,182.50 as cost-shifting sanctions. These sanctions are imposed on Sheila Bayne and the Law Offices of Sheila Bayne jointly and severally. Neither Sheila Bayne nor the Law Offices of Sheila Bayne shall pass these costs on to Student or Student’s parents.
3. Failure to comply with this order may result in a civil judgment or finding
of contempt.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings