California OAH special education order · July 24, 2024
Order Denying as Moot Sunol Glen's Request for Reconsideration or in the Alternative Request for Clarification
OAH Case No. 2024060790 · ALJ Kara Hatfield
OAH denied as moot Sunol Glen's request to reconsider or clarify a partial sufficiency ruling because Student had already filed an amended complaint, which replaced the original complaint.
Summary
On July 19, 2024, OAH found Student's due process complaint partially sufficient. On July 24, 2024, Sunol Glen Unified School District asked OAH to reconsider that order or, in the alternative, to clarify it. Student had filed an amended complaint on July 23, 2024. Because the amended complaint is now the operative complaint, all motions about the original complaint were moot, so OAH denied the request and confirmed all scheduled dates.
Why it matters
Once a parent files an amended complaint, it replaces the original. Motions aimed at the original complaint, including sufficiency and reconsideration challenges, generally become moot.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
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.
PLEASANTON UNIFIED SCHOOL DISTRICT AND
SUNOL GLEN UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024060790
ORDER DENYING AS MOOT SUNOL GLEN'S REQUEST FOR
RECONSIDERATION OR IN THE ALTERNATIVE
REQUEST FOR CLARIFICATION
JULY 24, 2024
On July 19, 2024, the undersigned Administrative Law Judge issued an Order Determining Due Process Complaint Partially Sufficient. On July 24, 2024, Sunol Glen Unified School District filed a Request for Reconsideration or in the Alternative Request for Clarification.
The Office of Administrative Hearings will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time, generally within ten days. (See, e.g., Gov. Code, § 11521; Code Civ. Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.)
On July 23, 2024, Student filed an Amended Complaint. The Amended Complaint is the currently operative request for due process hearing and all motions related to the original complaint are moot.
ORDER
Sulon Glen Unified School District has not established the July 19, 2024, Order should be reconsidered. The motion for reconsideration or in the alternative clarification is denied as moot. All dates set in this matter are confirmed.
IT IS SO ORDERED.
Kara Hatfield Administrative Law Judge Office of Administrative Hearings