California OAH special education order · November 7, 2024
Order of Recusal
OAH Case No. 2024080928 · ALJ Paul H. Kamoroff
ALJ Paul H. Kamoroff recused himself from Student's case against Laguna Beach Unified, finding recusal would further the interests of justice and a reasonable person might doubt his impartiality.
Summary
Parents filed a due process complaint against Laguna Beach Unified School District on August 26, 2024, and OAH assigned ALJ Paul H. Kamoroff to the prehearing conference and hearing. On his own initiative, ALJ Kamoroff recused himself under Code of Civil Procedure section 170.1, subdivision (a)(6)(A). He found that recusal would further the interests of justice and that a person aware of the facts might reasonably doubt his ability to be impartial. The order does not describe the underlying facts.
Why it matters
An ALJ can step aside on their own under Code of Civil Procedure section 170.1 without any party filing a motion. When that happens, OAH assigns a new judge, and the parties do not need to use their peremptory challenge.
Key authority cited
- Code Civ. Proc., § 170.1, subd. (a)(6)(A)
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.
LAGUNA BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024080928
ORDER OF RECUSAL
NOVEMBER 7, 2024
On August 26, 2024, Parents on behalf of Student filed a request for due process hearing with the Office of Administrative Hearings, called OAH, naming Laguna Beach Unified School District. OAH assigned Administrative Law Judge Paul H. Kamoroff to the prehearing conference and due process hearing for this matter. The Administrative Law Judge is called an ALJ.
California Code of Civil Procedure section 170.1, subdivision (a)(6)(A) mandates that a judge shall be disqualified if for any reason:
(i) The judge believes his or her recusal would further the interests of justice.
(ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial.
(iii) A person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.
ALJ Kamoroff believes that his recusal would further the interests of justice and a person aware of the facts might reasonably entertain a doubt that ALJ Kamoroff would be able to be impartial. Accordingly, ALJ Kamoroff recuses himself from hearing this matter.
IT IS SO ORDERED.
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings