California OAH special education order · October 17, 2025
Order Denying Motion to Consolidate
OAH Case No. 2025080212, 2025100458 · ALJ Charles Marson
OAH denied Student's motion to consolidate because it was never actually served on Rosedale and was filed late, after the prehearing conference, with no good-cause declaration; hearing proceeds October 21, 2025.
Summary
Student filed a new due process complaint and a motion to consolidate it with Rosedale's earlier-filed case. Rosedale opposed, arguing the motion was untimely and supporting its opposition with declarations from its attorneys showing the motion was never attached to the email meant to serve it. OAH denied the motion because Rosedale had not been properly served. It also found the motion untimely: it was not filed three business days before the October 13 prehearing conference, Student did not appear at that conference, and Student filed no declaration showing good cause. Rosedale's hearing will go forward as scheduled on October 21, 2025.
Why it matters
A consolidation motion must be properly served and filed before the prehearing conference deadline, or it will be denied. Parents who file a responsive complaint late in a district-filed case should move quickly, confirm attachments actually go through, and attend the prehearing conference.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
People named in the order
- Charles Marson, Administrative Law Judge
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:
ROSEDALE UNION SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2025080212
ORDER DENYING MOTION TO CONSOLIDATE
OCTOBER 17, 2025
On August 1, 2025, the Rosedale Union School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2025080212, naming Student. On October 16, 2025, Student filed a Request for Due Process Hearing in OAH case number 2025100458, naming Rosedale.
On October 16, 2025, Student filed a motion to consolidate the two cases. On October 17, 2025, Rosedale filed an opposition to Student’s motion to consolidate.
Rosedale argued the motion was untimely as it was not filed three days before the prehearing conference. Additionally, the opposition included declarations from both of Rosedale’s attorneys establishing that Student’s motion had not been properly served on Rosedale. The declarations establish that Student sent an email to Rosedale claiming the motion was attached, but in fact it was not attached and Rosedale has still not received the motion.
CONSOLIDATION
No statute or regulation specifically provides a standard to be applied in deciding a motion to consolidate special education cases. However, OAH will generally consolidate matters that involve the same parties, a common question of law and/or fact, and when consolidation of the matters furthers the interests of judicial economy by saving time or preventing inconsistent rulings. (See Gov. Code, § 11507.3, subd. (a)
[administrative proceedings may be consolidated if they involve a common question of law or fact]; Code of Civ. Proc., § 1048, subd. (a) [same applies to civil cases].)
Student’s Motion to Consolidate cannot be granted without proper service on Rosedale. The unsworn proof of service on the motion, as filed with OAH, states that it was served on Rosedale’s attorneys by email. However, the very detailed declarations of Rosedale’s attorneys persuasively show that Rosedale has not received the motion.
Student’s Motion to Consolidate also fails because it is untimely. Rosedale filed its complaint on August 1, 2025. A prehearing conference was held on October 13,
2025. Any related motions were required to be filed three business days before the
PHC. Student did not file any motion, did not appear at the PHC, and did not file the required declaration showing good cause for the late filing of Student’s motion to consolidate.
ORDER
1. Student’s Motion to Consolidate is denied. The due process hearing will
proceed as scheduled on October 21, 2025.
Charles Marson Administrative Law Judge Office of Administrative Hearings