California OAH special education order · September 26, 2024
Order Granting Peremptory Challenge
OAH Case No. 2024050089 · ALJ Joy Redmon
OAH granted Corona-Norco's peremptory challenge to ALJ Rita Defilippis as timely because she was assigned after the prehearing conference, and reassigned the case to ALJ Cynthia Fritz with all dates kept.
This case went to decision
Student v. Corona-Norco Unified School District: Corona-Norco Unified prevails on all claims about reassessment, regression services, and parent training for a transfer student. (2024)
Summary
Corona-Norco filed a peremptory challenge, which is a request to remove an ALJ without stating a reason, against ALJ Rita Defilippis. The case was first assigned to ALJ Charles Marson, who became unavailable after the prehearing conference, and was then given to ALJ Defilippis. OAH found the challenge timely because it was made before hearing and after the new assignment. OAH granted the challenge, reassigned the case to ALJ Cynthia Fritz, and kept all scheduled dates on calendar.
Why it matters
Each party gets one peremptory challenge. The usual deadline is the start of the prehearing conference, but if a new ALJ is assigned after that conference, a party can still challenge the new judge before hearing starts.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Rita Defilippis, Administrative Law Judge (challenged)
- Charles Marson, Administrative Law Judge (originally assigned)
- Cynthia Fritz, Administrative Law Judge (newly assigned)
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.
CORONA-NORCO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024050089
ORDER GRANTING PEREMPTORY CHALLENGE
SEPTEMBER 26, 2024
On September 26, 2024, Corona-Norco filed a notice of peremptory challenge with the Office of Administrative Hearings, called OAH, to Administrative Law Judge Rita Defilippis. An Administrative Law Judge is called ALJ. Corona-Norco’s peremptory challenge is made pursuant to Government Code section 11425.40, subdivision (d), of the Administrative Procedures Act, and California Code of Regulations, title 1, section 1034.
Government Code section 11425.40, subdivision (d), establishes the criteria for disqualification of the presiding officer. A party is entitled to one peremptory challenge, also called disqualification without cause, to an ALJ assigned to an OAH hearing. (Cal.
Code Regs., tit. 1, § 1034, subds. (a) & (b); Gov. Code, § 11425.40, subd. (d).) A peremptory challenge is not allowed if made after the hearing starts. In addition, if at the time of a scheduled prehearing conference, an ALJ has been assigned to the hearing, any challenge to the assigned ALJ must be made no later than the start of that prehearing conference. (Cal. Code Regs., tit. 1, § 1034, subd. (c).) A peremptory challenge is not allowed on reconsideration or remand. (Cal. Code Regs., tit. 1, § 1034, subd. (a).)
This matter was initially assigned to ALJ Charles Marson. Following the pre- hearing conference ALJ Marson became unavailable for hearing. The matter was then assigned to ALJ Defilippis. Accordingly, Corona-Norco’s peremptory challenge is timely made and is granted pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c). The case is now assigned to ALJ Cynthia Fritz and all scheduled dates remain on calendar.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings