California OAH special education order · January 15, 2025
Order Denying Request for Reconsideration
OAH Case No. 2024110578 · ALJ Joy Redmon
OAH denied Student's request to reconsider an order refusing to move a mediation start time by 30 minutes, finding no new facts and that counsel's potential calendar conflict was not good cause.
Summary
Student's counsel filed a 'second request' to move a mediation from 1:30 PM to 2:00 PM because of a possible conflict with a 1:00 PM prehearing conference in another case. Counsel had asked for both of those times herself. OAH treated the filing as a request for reconsideration and denied it because Student offered no new facts, circumstances, or law. OAH explained that it keeps standard times for operational reasons and changes them only for good cause, such as a mandatory court appearance or a specialist medical appointment. It also declined to advise counsel on how to manage her calendar.
Why it matters
OAH will not change standard mediation start times just because counsel's own scheduling requests overlap, and refiling the same request will be treated as reconsideration that needs new facts. Parties should check for calendar conflicts before asking for dates and show concrete good cause when asking for a change.
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.
LONG BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024110578
ORDER DENYING REQUEST FOR RECONSIDERATION
JANUARY 15, 2025
On January 10, 2025, the undersigned Administrative Law Judge issued an order denying Student’s request to change the mediation start time from 1:30PM to 2:00PM in this case. Student’s counsel is scheduled for a prehearing conference before OAH at 1:00PM. Student’s counsel filed motions in both cases seeking the currently scheduled dates and times. Those requests were granted, thus creating the potential conflict counsel now seeks to avoid. As noted in the original order, the Office of Administrative Hearings has standard times for mediations and prehearing conferences and maintaining the schedule, absent good cause to deviate from the schedule, is necessary for operational need, particularly the efficient use of public resources.
On January 13, 2025, Student filed a Second Request to Change Start Time for Mediation. Although filed as a new motion, it is a request for reconsideration of the original order. Student offers that the potential conflict became apparent when counsel reviewed the calendar and that moving the time is a slight inconvenience but does not appear insurmountable. Counsel indicates that if the mediation time is not adjusted, she “awaits an order from OAH as to what it it [sic] wishes Petitioner to do in this matter.”
APPLICABLE LAW
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.)
DISCUSSION
Student offers no new facts, circumstances, or law to support reconsideration. A potential conflict, particularly one like this, is not good cause to delay the mediation.
Mediation start times have been adjusted when good cause is established, such as a mandatory conflicting court appearance or a specialist medical appointment. Such cause was not provided in the original or motion for reconsideration. Additionally, OAH does not advise parties or attorneys how to manage their calendars and declines the invitation to advise counsel how to proceed.
ORDER
Student has not established the January 10, 2025, Order should be reconsidered.
The motion for reconsideration is denied. All dates set in this matter are confirmed.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings