California OAH special education order · January 17, 2025

Order Granting Peremptory Challenge

OAH Case No. 2024110089 · ALJ Joy Redmon

OAH granted Washington's peremptory challenge to ALJ Rita Defilippis as timely because the case was reassigned to her after the prehearing conference; ALJ Robert Martin now presides.

Granted Peremptory challenges

This case went to decision

Student v. Washington Unified School District: Washington Unified failed its child find duty to a 12th grader, but the ALJ found no FAPE denial; all claims denied. (2025)

Summary

Washington filed a peremptory challenge, which is a request to disqualify an ALJ without giving a reason, against ALJ Rita Defilippis. Usually such a challenge must be made before the prehearing conference starts if an ALJ is already assigned. Here, the case moved to ALJ Defilippis only after the prehearing conference because the original ALJ became unavailable, so the challenge was timely. OAH granted it, reassigned the case to ALJ Robert Martin, and kept all scheduled dates on calendar.

Why it matters

Each party gets one peremptory challenge, and when a case is reassigned to a new ALJ after the prehearing conference, a party can still use that challenge against the newly assigned judge.

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)
  • Robert Martin, Administrative Law Judge (newly assigned)
  • Joy Redmon, Presiding Administrative Law Judge

Topics

peremptory challenge alj reassignment timeliness disqualification without cause

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.

WASHINGTON UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2024110089

ORDER GRANTING PEREMPTORY CHALLENGE

JANUARY 17, 2025

On January 17, 2025, Washington 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. Washington’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 moved to ALJ Defilippis after the prehearing conference as the original ALJ became unavailable for hearing. Accordingly, Washington’s peremptory challenge is timely and GRANTED. The case is now assigned to ALJ Robert Martin. and all scheduled dates remain on calendar.

IT IS SO ORDERED.

Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings