California OAH special education order · February 12, 2026
Order of Recusal
OAH Case No. 2025100593 · ALJ Claire Yazigi
ALJ Claire Yazigi recused herself on her own motion after finding she had mediated a separate case between the same parties on the same issue, because mediation discussions are confidential.
This case went to decision
Glendale Unified School District v. Student: Glendale Unified's psychoeducational assessment upheld; student not entitled to an independent evaluation at public expense. (2026)
Summary
When she convened the hearing on February 11, 2026, ALJ Claire Yazigi discovered she had been the mediator in a separate "mediation only" case. That case involved the same parties and the same issue set for this hearing. OAH reads Evidence Code section 1119's mediation confidentiality rule to bar a mediating ALJ from serving as the hearing judge. Because the confidential settlement discussions overlapped with the hearing issue, the ALJ found good cause and recused herself, and OAH reassigned the case with hearing set to begin February 12, 2026.
Why it matters
An ALJ who mediated a dispute between the same parties on overlapping issues cannot also decide the case, even if the mediation was filed as a separate matter. Parties should check for this conflict early and raise it before hearing.
Key authority cited
- Evid. Code, § 1119, subd. (c)
People named in the order
- Claire Yazigi, 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:
GLENDALE UNIFIED SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2025100593
ORDER OF RECUSAL
FEBRUARY 12, 2026
On February 11, 2026, Administrative Law Judge, or ALJ, Claire Yazigi, called hearing to order. Upon convening the parties for hearing, the undersigned ALJ discovered that she had served as mediator in a separate “mediation only” case involving the same parties and same issue set for the present hearing. On the ALJ’s own accord, the undersigned recused herself from hearing this case.
All communications, negotiations, or settlement discussions by and between participants during a mediation or a mediation consultation shall remain confidential.
(Evid. Code, §1119, subd. (c).) The Office of Administrative Hearings, or OAH, has interpreted this to mean that an ALJ that serves as a mediator may not serve as the hearing judge in the same case. [https://www.dgs.ca.gov/OAH/Case-Types/Special- Education/Self-Help/The-Mediation-Process-Including-Virtual-Mediations].
While the mediation only case was different than the present case, the subject matter of confidential settlement discussions overlap with the issue set for the present hearing. Good cause exists for the recusal of ALJ Claire Yazigi from this case.
ORDER
1. ALJ Claire Yazigi is recused from this case.
2. OAH will assign a new ALJ. The hearing will commence on February 12, 2026,
at 9:30 AM.
IT IS SO ORDERED.
Claire Yazigi Administrative Law Judge Office of Administrative Hearings