Sanctions and cost-shifting
499 California OAH special education orders on sanctions and cost-shifting, newest first, each with a plain-English summary. Search and filter these orders.
2026
- Order Denying District's Request for Office of Administrative Hearings to Retain Jurisdiction Regarding Sanctions by Shifting District's ExpensesOAH denied District's request to keep jurisdiction after Student's dismissal so it could seek sanctions, finding no showing of bad faith or frivolous tactics in Student's late decision to withdraw.
- Order Denying Motion to Compel Production of Educational RecordsOAH denied Student's motion to compel educational records and request to exclude Fillmore's evidence, because Student offered no evidence that the broadly requested documents were education records.
- Order Following Prehearing Conference for Hearing by Videoconference, Denying Motion for Continuance and Setting Order to Show Cause Re SanctionsOAH ordered Student's attorney to show cause why she should not be sanctioned for ignoring a prior PHC order, and denied District's second continuance request because District itself chose the conflicting dates.
- Order Determining Due Process Complaint Partially SufficientOAH found Issue One, challenging Tahoe-Truckee's assessment plan and prior written notice, sufficient, but Issue Two insufficient because a district may seek to assess without a parent's request.
- Notice of No Cost ShiftingOAH declined to shift its expenses to either party for late notice of a settlement reached the night before hearing, finding no bad faith, but warned both attorneys to call OAH's settlement hotline immediately.
- Order Granting Motion to Clarify Dismissal Order; Dismissing with Prejudice; and Denying Motion for SanctionsOAH clarified that Student's mid-hearing dismissal is with prejudice because the hearing had begun, but denied Grossmont's sanctions request because counsel's errors were not frivolous and claimed fees were not itemized.
- Order Denying Renewed Motion for Stay PutOAH denied Student's renewed stay put motion because a later signed and implemented November 2025 IEP, not the settlement agreement, set stay put. OAH also warned that careless AI-drafted filings could bring sanctions.
- Order Denying Motion to Amend Complaint and Advising Counsel on Inappropriate AI UseOAH denied Student's late motion to add two issues because later classroom observations cannot support an earlier-year claim and a new school-year claim would delay hearing. OAH also warned against careless AI-generated filings.
- Order Denying Motion to Dismiss Expedited Hearing With Prejudice, Granting Exclusion of Student's Untimely Disclosed ExhibitsOAH refused to dismiss Student's expedited case with prejudice as too harsh, but barred Student's late-disclosed exhibits because Parent, an experienced litigant, missed the five-business-day evidence exchange deadline.
- Order Following Prehearing Conference for Hearing by Videoconference; Denying Motion to Compel and for Sanctions; Denying Motion to Quash; Granting Motion to Submit Audio RecordingsOAH denied Student's motion to compel records and for sanctions because Student did not show unproduced education records existed, but denied Alameda's motion to quash and ordered a district-wide search.
- Order to Show Cause as to Why OAH's Costs Should Not Be Shifted to PartiesOAH ordered both sides' attorneys to show cause why OAH's costs should not be shifted to them after they reported a settlement only minutes before, and after, the hearing started.
- Order Denying Motion to Strike and Request for SanctionsOAH denied Student's request to make Rocklin Unified pay $2,310 in attorney's fees for a failed motion to vacate dates, finding the motion weak but not frivolous or in bad faith.
- Order to Show Cause as to Why Matter Should Not Be Dismissed for Failing to Appear at the Prehearing Conference; and Setting New Prehearing Conference and Due Process Hearing DatesOAH ordered Student to show cause why the case should not be dismissed after no one appeared for Student at the prehearing conference, despite a reported pending settlement, and reset hearing dates.
- Order Denying Motion to Shift Student's Attorney's Fees to Charter SchoolOAH denied Student's unopposed request for $1,130.50 in sanctions over the charter school's cancellation of a mediation, finding the motion untimely and that canceling a voluntary mediation is not itself bad faith.
- Order Denying Motion to Shift Costs and Award Sanctions Against ParentOAH denied Sequoia's request for about $38,900 in fees and sanctions against a self-represented Parent. The ALJ never placed expenses at issue, and Parent's claims had some merit and were not brought in bad faith.
- Order Dismissing Student's Complaint Without Prejudice for Failure to ProsecuteOAH dismissed Student's complaint without prejudice after Student's counsel skipped the prehearing conference, filed no PHC statement, and ignored an order to show cause, but declined to shift OAH's costs to counsel.
- Order Dismissing Case Without PrejudiceOAH dismissed Student's case without prejudice after Student's attorney deliberately skipped the prehearing conference to pursue a peremptory challenge, finding her noncompliance with OAH orders willful and no good cause shown.
- Order Following Prehearing Conference for Hearing by Videoconference Setting Order to Show Cause as to Why Matter Should Not Be Dismissed for Failure to Appear, and Order Continuing Prehearing Conference and Due Process HearingOAH ordered Student's counsel to show cause why the case should not be dismissed and why costs should not be shifted to her, after she missed the prehearing conference and filed no PHC statement.
- Order Following Prehearing Conference and Order to Show Cause, Continuing Due Process Hearing and Setting Order to Show Cause and Prehearing ConferenceOAH issued an order to show cause why Jefferson Union's attorney should not be sanctioned for OAH's costs after missing three prehearing conferences and never filing the ordered explanations.
- Order Following Prehearing Conference for Hearing by Videoconference; Order to Show Cause Why Case Should Not Be Dismissed for Failure to Appear at Prehearing Conference; Setting Prehearing Conference and Due Process HearingOAH ordered Student's attorney to show cause why Student's complaint should not be dismissed for failure to prosecute after she failed to appear at the mandatory prehearing conference despite repeated contact attempts.
- Order Denying Request for Mediation, Granting a Short Continuance of Due Process Hearing, and Notice of No Action of Student's Request for Supplemental SanctionsOAH granted Tahoe Truckee only a short continuance to July 21, 2026, not the September date it sought, because the district proved unavailability only through July 12. OAH denied mediation because Student would not agree.
- Order Denying Student's Motion for Evidentiary and Issue SanctionsOAH denied Parent's unopposed motion for evidentiary and issue sanctions because disputed enrollment and records issues belong at hearing, retaliation claims are outside OAH's jurisdiction, and the service dispute was moot.
- Order Dismissing Case With Prejudice; Order Retaining Limited Jurisdiction to Rule on Motion to Shift ExpensesOAH dismissed Student's case with prejudice after Parent withdrew mid-hearing, because seven hearing days had been held and Sequoia did not agree to a dismissal without prejudice; OAH kept jurisdiction for a possible expense-shifting motion.
- Order Continuing Prehearing Conference and Hearing and to Show Cause for Failure to AppearOAH ordered Jefferson Union's attorney to show cause why she should not pay OAH's costs after missing two prehearing conferences without excuse, and continued the hearing to July 2026.
- Order Following Prehearing Conference and Setting Order to Show Cause for Hearing Regarding Case Dismissal for Failure to Appear, and Continuing Prehearing Conference and Due Process HearingOAH set an order to show cause hearing on dismissing Student's case and possible costs after Parent failed to appear at the prehearing conference, and briefly continued the PHC and hearing.
- Order Denying Motion to Dismiss Based on Lack of StandingOAH denied Charter's motion to dismiss for lack of standing because Mother's temporary sole custody ended after the May 1 mediation and the custody order preserved Father's records and consultation rights.
- Order Following Prehearing Conference for Hearing by Videoconference Granting Motion to Consolidate, and Setting Order to Show Cause Re: Sanctions Against Student's CounselOAH ordered Student's attorney to show cause why she should not be sanctioned for skipping the prehearing conference and not filing required documents, and granted District's unopposed motion to consolidate the cases.
- Order Granting Motion to Consolidate; Order Denying Motion to Strike and for Sanctions and Order Following Prehearing Conference for Hearing by VideoconferenceOAH denied Turlock's motion to strike part of Student's prehearing conference statement and its request for fee-shifting sanctions. It found no good cause because a superseding statement removed the disputed settlement reference.
- Order Granting Motion to Shift Costs, Specifying Costs Shifted, and Dismissing Expedited and Non-Expedited Due Process RequestsOAH ordered Student's law firm to pay West Covina $1,200 in attorney's fees after counsel settled the case but neither filed a dismissal nor appeared at the expedited hearing, finding the conduct frivolous.
- Order to Show CauseOAH ordered Student's attorneys to show cause why hearing costs should not be shifted to Student after no one appeared for an expedited hearing and no settlement dismissal was filed.
- Order Vacating Order to Show Cause HearingOAH vacated a sanctions hearing against Student's attorney for missing a prehearing conference. His declaration showed he mistakenly believed a dismissal had been filed, and he has fixed his office procedures.
- Order Denying Student's Second Motion to Issue Sanctions Against Cupertino Unified School District for Failing to Schedule a Resolution SessionOAH denied Student's second sanctions motion over a missed resolution session because the only remedy federal rules allow is starting the hearing timeline, and Cupertino had timely offered to meet.
- Order to Show Cause Why Student Counsel Should Not Have Costs Shifted for Failing to Appear at the Prehearing Conference, Failing to File a Prehearing Conference Statement, Why the Complaint Should Not Be Dismissed, and Continuing Prehearing Conference and Due Process HearingOAH ordered Student's attorney to explain why he should not pay costs, and why the case should not be dismissed, after he missed the prehearing conference and filed no prehearing statement.
- Order Denying Request for Reconsideration of Order Denying Motion for SanctionsOAH denied Parent's request to reconsider the denial of sanctions against Cupertino Union School District because the request only repeated earlier arguments and offered no new facts, circumstances, or law.
- Order Denying Student's Motion for Entry of Default and Motion for SanctionsOAH denied Student's motions for default and sanctions after Cupertino skipped the expedited hearing. Student still bears the burden of proof, and Parent chose not to subpoena witnesses.
- Order Denying Motion to Retain JurisdictionOAH denied Glendale's request to keep the case open for a fee-shifting motion because OAH lost jurisdiction once the expedited Decision issued, and only federal courts can award fees for frivolous complaints.
- Order Dismissing Student's Non-Expedited Claims Without PrejudiceOAH dismissed Student's non-expedited claims without prejudice over Cupertino's objection, but held his withdrawal of the expedited claims came too late because it was filed hours after the Expedited Decision issued.
- Order Denying Motion to Issue Sanctions Against Cupertino Unified School District for Failing to Schedule a Resolution SessionOAH denied Parent's request for sanctions against Cupertino for failing to hold a timely resolution session. Federal rules allow only one remedy: asking OAH to start the 45-day hearing timeline.
- Order Granting Request for Reconsideration and Denying Compton's Request for Dismissal With Prejudice or SanctionsOAH denied Compton's request for sanctions and kept Student's withdrawal as a dismissal without prejudice, because OAH loses jurisdiction once a case is dismissed and Compton cited no law supporting dismissal with prejudice.
- Order Denying Motion for Evidentiary Sanctions for Spoliation of EvidenceOAH denied Student's request for spoliation sanctions over Sweetwater's deleted IEP meeting recording. The record suggested the recording was deleted at Parent's request, and the facts must be sorted out at hearing.
2025
- Order Granting Request to Withdraw Action Without PrejudiceOAH granted Parent's request to withdraw the due process case without prejudice because the expedited hearing had not yet begun, but kept jurisdiction so Glendale could seek costs or sanctions.
- Order Dismissing Claims Against YMCA Silicon Valley and Cupertino Union School District Board of Education, Denying YMCA Silicon Valley Request for Cost Shifting, and Vacating Order to Show CauseOAH denied YMCA Silicon Valley's cost-shifting request for lack of billing evidence. OAH dismissed YMCA and the District's Board of Education for lack of jurisdiction and warned that future filings could lead to contempt sanctions.
- Order Denying Request for SanctionsOAH denied Student's $864 sanctions request over District's motion to dismiss. Student relied on Code of Civil Procedure section 128.7 without showing it applies, skipped its two-step procedure, and gave no expense declaration.
- Order Following Prehearing Conference for Hearing by Videoconference, Denying Motion to Dismiss, or in the Alternative, to Limit the Scope of the HearingOAH denied Palo Alto Unified's motion to dismiss or limit the hearing. The motion sought improper summary adjudication of factual disputes and was too vague to justify excluding evidence.
- Order Denying Motion to Quash Subpoenas Duces Tecum, Denying Motion to Strike, Denying Request for Protective Order, and Denying Request for SanctionsOAH denied Student's renewed bid to strike or quash Respondents' records subpoenas to an assessment provider and denied sanctions, finding attorneys may sign subpoenas and Student's privacy objections were already rejected.
- Order to Show Cause as to Why Complaint Against YMCA Silicon Valley and Cupertino Union School District Board of Education Should Not Be Dismissed and Sanctions ImposedOAH ordered Student to show cause why claims against YMCA of Silicon Valley and the district's school board should not be dismissed, and why sanctions should not be imposed, after OAH had repeatedly ruled it lacks jurisdiction over them.
- Order Denying Motion to Quash Subpoenas Duces Tecum and Denying Request for Protective OrderOAH denied Student's requests for sanctions, a protective order, and to quash subpoenas for independent evaluators' records. Student showed no bad faith, and the subpoenas were narrowly tailored to issues Student put at stake.
- Order Denying Motion to Quash and Modifying the Subpoenas Duces Tecum, and Denying Request for SanctionsOAH denied Student's motion to quash Respondents' records subpoenas to an assessment provider, finding a typo in the notice to consumer caused no prejudice, and denied Student's unsupported request for sanctions.
- Order Granting Request for Continuance in Part; Denying Motion for SanctionsOAH denied Student's sanctions request because Del Norte's attorney conflict arose after the prehearing conference, and granted a shorter continuance than Del Norte's requested three months.
- Order Denying Request for Reconsideration in Part; Resetting Prehearing Conference and Due Process HearingOAH denied Student's request to reconsider an order that continued the hearing and denied sanctions, because Student only restated earlier arguments. OAH then reset the hearing to fit Del Norte's attorney's availability.
- Order Denying Request to Reset Resolution Period, Denying Motion for Sanctions, and Denying Motion to Strike as MootOAH denied Parent's requests to sanction the respondents and reset the resolution period, finding no bad faith and no legal basis to reset the period when a district misses the resolution deadline.
- Order Denying in Part and Granting in Part Student's Motion to Compel Production of DocumentsOAH ordered Ojai Unified to produce any remaining education records by October 15, 2025, but denied Student's request for documents that are not education records, because special education cases do not allow prehearing discovery.
- Order Granting Request for Reconsideration and Confirming Order of DismissalOAH reconsidered but confirmed dismissal of Student's complaint against the Cupertino school board, finding the board is part of the District and the second case was improper claim-splitting.
- Order Following Expedited Prehearing Conference for Hearing by Videoconference; Order Denying Student's Motion for Sanctions; Order Denying Student's Motion to Compel Cupertino to Place Student in Extended Learning Opportunities ProgramOAH denied Student's sanctions motion against Cupertino for skipping the resolution session because there was no showing of bad faith or harm, but ordered Cupertino to hold one or get a written waiver.
- Order Granting Reconsideration and Confirming Prior OrderOAH reconsidered but confirmed its dismissal of Student's case against YMCA Silicon Valley, because the YMCA is not a public agency required to provide a FAPE, and warned Parent against refiling.
- Order Granting Request to Keep Case Open Pending Order Regarding Sanctions; Denying Motion for Sanctions; Dismissing CaseOAH denied Amador's motion for sanctions against Student's attorneys because the complaint's merits were never heard, and only Student or Parent can complain about how their own attorneys represented them.
- Order Denying Request for ReconsiderationOAH denied Student's request to keep his original complaint alive alongside an amended one, ruling that an amended complaint replaces the original, and warned that AI-style fake citations may draw sanctions.
- Order Denying Student's Motion for ContemptOAH denied Parent's motion to hold Murrieta Valley's attorney in contempt because the consolidation motion was meritorious and the witness-availability mix-up, objections, and clerical errors did not show bad faith.
- Order Following Prehearing Conference for Hearing by Videoconference, Denying Sanctions, Granting Bifurcation, and Denying Limiting IssuesOAH denied Student's sanctions motion because Student did not show Stockton's motion to dismiss was frivolous and in bad faith. OAH also split the hearing so the settlement-waiver question is decided first.
- Order Denying Student's Request for Sanctions and Withholding Action on Student's Request to DismissOAH denied Student's sanctions request against Visalia's attorney for talking to Parent instead of Parent's husband, because the husband's power of attorney did not transfer Student's educational rights to him.
- Order Granting Student's Motion Requiring Santa Cruz City Schools to File a Response to ComplaintOAH ordered Santa Cruz to file a response to Student's due process complaint by July 31, 2025, because it missed the 10-day deadline and did not oppose Student's motion.
- Order Denying Motion to Dismiss Based Upon Settlement Agreement and Denying Request for SanctionsOAH denied Stockton's motion to dismiss and its request for sanctions because the reach of a settlement waiver was a disputed fact, and Stockton did not show the complaint was frivolous or filed in bad faith.
- Order Granting Motion to Shift ExpensesOAH ordered the Law Office of Sheila Bayne and attorney Michelle Wilkolaski to pay La Mesa-Spring Valley $21,147.50 for filing baseless claims Parent never supported, ignoring meet-and-confer duties, and withholding a settlement offer.
- Order Granting Motions to Quash Subpoenas Duces Tecum and Denying Requests for SanctionsOAH quashed District's subpoenas to three independent evaluators because the supporting declarations were vague and overbroad, but denied Student's $5,915 sanctions request because the subpoenas were not frivolous or in bad faith.
- Order Denying Motions for SanctionsOAH denied Student's two sanctions motions. Official notice cannot cover disputed facts, and the district's attorney acted reasonably in questioning the credentials of the parent advocate, who was also an expert witness.
- Order Denying Motion to Compel and Denying Motion for SanctionsOAH denied Student's motion to compel and request for sanctions because the evidence showed Cupertino complied with the prehearing order on witnesses and subpoenas.
- Order Denying Student's Motion to Dismiss; Motion for Sanctions; and Motion to Unexpedite HearingOAH denied Student's motions to dismiss, for sanctions, and to unexpedite Berkeley Unified's request to place Student in a residential center as a 45-day interim setting, because the disputes require an evidentiary hearing.
- Order Denying SanctionsOAH denied Student's two sanctions motions against Mill Valley because Student offered only allegations, not evidence, that the District acted in bad faith or filed a frivolous Notice of Insufficiency.
- Order Granting Palo Alto Unified School District's Motion to Shift ExpensesOAH sanctioned Student's attorney $446.50 for a bad-faith, frivolous second motion to consolidate sibling cases after OAH had already denied the same request and explained it does not consolidate sibling cases.
- Order Following Prehearing Conference Clarifying Issues and Granting Request for Continuance and Setting Mediation, Prehearing Conference, and Due Process Hearing; Order Dismissing Non-IDEA ClaimsOAH deferred ruling on sanctions against Student's attorney for refiling identical consolidation motions, ordered more briefing, continued the hearing for mediation, and dismissed a Section 504/ADA claim for lack of jurisdiction.
- Order Following Prehearing Conference for Hearing by Videoconference, Granting Motion to Dismiss Issue, and Denying as Moot Motion to Quash Subpoena Duces TecumOAH denied Palo Alto's motion to quash Student's witness-address subpoena as moot. It ordered Palo Alto to produce current employees and to accept service for, or give contact information for, former employees. It also dismissed Student's Section 504/ADA claims.
- Order Denying Motion for SanctionsOAH denied San Juan's request for $5,284 in sanctions over Student's expedited manifestation determination claim because the district's suspension notice did not state how long the suspension would last.
- Order Following Prehearing Conference and Setting Order to Show Cause Hearing Regarding Case Dismissal and Paying Costs for Failure to Appear and Continuing Prehearing Conference and Due Process HearingOAH set an order to show cause hearing on dismissal and costs after West Covina's attorney failed to appear at the prehearing conference in the district's own case, and briefly continued the hearing.
- Dismissal of Case at HearingOAH denied La Mesa-Spring Valley's motion for an order to show cause against Student's attorneys but kept power to sanction, then dismissed the case with prejudice after Mother dropped her lawyers mid-hearing.
- Order to Comply With Instructions in Original Order to Upload Complete Psychoeducational Report and to Restore the Original Version of District's Exhibit 22OAH ordered Corona-Norco to restore an admitted exhibit it deleted without permission and to upload the complete psychoeducational report as a new exhibit, warning that sanctions, including exclusion of the exhibit, could follow.
- Order Denying Motion to Consolidate and Order to Show Cause Regarding SanctionsOAH denied Student's motion to consolidate his case with his brother's case and ordered Student's counsel to show cause why sanctions should not be imposed for refiling a previously denied motion.
- Order Denying Motion to Consolidate and Order to Show Cause Regarding SanctionsOAH denied Student's second motion to consolidate his case with his brother's case, finding siblings' cases share no common parties or issues, and ordered Student's counsel to show cause why sanctions should not be imposed.
- Order Denying Motion to Dismiss and Denying Request for SanctionsOAH denied Stockton's request for sanctions and its motion to dismiss. Whether the settlement agreement was ever finalized is a disputed fact for hearing, and Stockton showed neither a frivolous complaint nor bad faith.
- Order Denying Motion to Shift ExpensesOAH denied Perris Union's request for about $68,680 in fees against Student's attorneys. The ALJ had never placed expenses at issue, frivolous-claim fee awards belong to federal court, and the district lacked standing on ethics claims.
- Order Denying Motion for SanctionsOAH denied Folsom-Cordova Unified's request to make Student pay $5,031.50 in attorney's fees because Student's attorney's late filings and meet-and-confer conduct were not bad faith and the hearing proceeded in an orderly way.
- Vacating the January 31, 2025 Order to Show Cause HearingOAH vacated its order to show cause on sanctioning Del Norte's attorney for an unserved mid-hearing request to remove the ALJ, because she expressed contrition and the ALJ kept hearing the case.
- Notice of Receipt of Ex Parte Communications and Order to Show Cause SanctionsOAH ordered the District's attorney to show cause why she should not pay OAH's costs after she sent an unserved ex parte request to remove the ALJ on day six of hearing.
2024
- Notice of No Action on Requests for an Order to Show Cause and SanctionsOAH took no action on Student's request for an order to show cause and sanctions over Mt. Diablo Unified's alleged stay put violation because Student dismissed the case, ending OAH's jurisdiction.
- Order Denying Motion to Dismiss and Motion to Shift Attorneys' FeesOAH denied Student's motions to dismiss Del Norte's refiled complaint and to shift attorneys' fees, finding unreasonable delay is a merits defense and no bad faith or frivolous tactics were proven.
- Order Denying Request for Continuance as MootOAH denied Student's continuance request as moot because the cases had already been consolidated. It refused to consider a sanctions request that was embedded in the continuance motion rather than filed separately.
- Order Denying Motion for SanctionsOAH denied Stockton Unified's sanctions motion against Student's attorneys. It found their complaint frivolous but ruled that federal district court, not OAH, should decide the district's claim for attorney's fees.
- Order Partially Granting Pacific Grove's Motion to Dismiss Based Upon Settlement Agreement and Denying Student's Request for SanctionsOAH dismissed only Student's failure-to-assess claim as released by a 2023 settlement, kept four 2024-2025 FAPE offer claims the settlement expressly preserved, and denied Student's sanctions request for lack of bad faith.
- Vacating the August 16, 2024 Order to Show Cause HearingOAH vacated its order to show cause hearing and did not order Parent to pay expenses. Parent's repeated direct emails to ALJs were bad faith, but Parent stopped after the order to show cause issued.
- Order Vacating Order to Show CauseOAH declined to shift costs to Student's counsel for missing an expedited prehearing conference, finding it an honest error after counsel apologized, took responsibility, and changed office practices.
- Order Denying Student's Motion for SanctionsOAH denied Student's motion for sanctions against Antioch. Antioch's standing-based motion to dismiss was not frivolous because it did not know Parents held a conservatorship, and its own sanctions motion had merit.
- Order Denying Antioch Unified School District's Motion for SanctionsOAH denied Antioch's request to shift legal fees to Student's attorneys for skipping a court-ordered meet and confer, finding the failure was not bad faith or frivolous, but warned them against repeating it.
- Order Denying Motion to Compel as Moot, and Denying Motion to Shift ExpensesOAH found Twin Rivers acted in bad faith by withdrawing permission for Student's expert to observe its proposed placement, but denied expense-shifting because Student gave no evidence of the amount owed.
- Amended Order to Show Cause as to Why OAH Costs Should Not Be Shifted to Student's Counsel for Failure to Appear at Expedited Prehearing ConferenceOAH ordered Student's counsel to explain why OAH's costs should not be shifted after counsel missed the expedited prehearing conference, which cannot be rescheduled under strict expedited timelines.
- Order to Show Cause as to Why Parent Should Be Ordered to Pay ExpensesOAH ordered Parent to show cause why Parent should not pay OAH's expenses after Parent kept emailing seven ALJs and a state employee, violating an August 2 order to stop.
- Order to Show Cause as to Why OAH Costs Should Not Be Shifted to Student's Counsel for Failure to Appear at Expedited Prehearing ConferenceOAH ordered Student's counsel to show cause why OAH's costs should not be shifted after counsel failed to appear at the expedited prehearing conference, which OAH said cannot be rescheduled.
- Order to Shift ExpensesOAH ordered Student's attorney Sheila Bayne and her firm to pay Brentwood Union $8,182.50 for filing and pursuing claims already waived in a settlement, but denied $1,176.50 in additional fees.
- Order Granting Motion to Shift Expenses; Order for Brentwood Union School District to File Detailed Fee InvoiceOAH granted Brentwood Union's sanctions motion against Student's law firm for refiling claims about a March 2023 IEP that Student had already waived in a November 2023 settlement agreement.
- Order Setting Hearing on Order to Show Cause and on Reconsideration of Order Granting Student's Motion to Continue Due Process HearingOAH set a June 28, 2024 videoconference hearing on its order to show cause why Student's counsel should not be sanctioned, and on possibly reconsidering its order continuing the due process hearing.
- Order Granting Request for Continuance of Due Process Hearing by Videoconference and Order to Show Cause Why Student's Counsel Should Not Be SanctionedOAH granted Student's untimely continuance so Parent could attend her other child's overlapping hearing, but ordered Student's attorneys to show cause why they should not pay expenses for apparently misleading OAH about the conflict.
- Order Following Prehearing Conference for Hearing by Videoconference, Setting Order to Show Cause Re Sanctions and Continuing the Prehearing ConferenceOAH ordered both attorneys to show cause why they should not be sanctioned. Neither filed prehearing conference statements on time as ordered, and District's counsel also missed the prehearing conference.
- Order Shifting Costs to Office of Administrative HearingsOAH ordered Student's law firm to pay $3,182.50 in OAH costs because its attorneys acted frivolously. They failed to tell Parent about the clarified issues, then withdrew the case on the first hearing day instead of seeking a continuance.
- Order Denying Motion to Compel Production of Records and Shift Expenses; Granting Request for Continuance of Due Process HearingOAH denied Student's late motion to compel attendance records and shift costs, finding no good cause for late filing and no bad faith by Antioch, but granted a short hearing continuance.
- Order Granting Motion to Shift Expenses and Specifying Costs ShiftedOAH ordered Student's law firm to pay Epic Charter School $13,003 after its attorneys withdrew the case on the first hearing day, finding the firm's tactics frivolous and its communication with Parent deficient.
- Notice of No Action on Snowline Joint Unified's Motion to Shift Fees and Impose SanctionsOAH took no action on Snowline's post-decision motion for fees and sanctions, because OAH loses jurisdiction once it issues a final decision and only courts may award IDEA attorneys' fees.
- Order to Show CauseOAH ordered Student to show cause why OAH's hearing costs should not be shifted to Student or her counsel after counsel withdrew the case on the first hearing day over disputed issues.
- Order Denying Stockton's Motion for Sanctions and to Shift ExpensesOAH denied Stockton's sanctions motion against Student's attorneys because counsel's serious illness excused gaps in the meet-and-confer process and the late notice of withdrawal before hearing.
- Order Granting Chula Vista's Motion to Shift ExpensesOAH ordered Student's attorney Sheila Bayne to pay Chula Vista $3,427.50 because her failure to meet and confer under the prehearing conference order was frivolous, delayed the hearing a day, and caused needless fees.
- Order Denying Motion to Quash Subpoena and Denying Motion for Sanctions Against Chula VistaOAH denied Student's motion to quash Chula Vista's subpoenas to Student's experts as moot and untimely, and denied sanctions because district counsel's follow-up emails were neither harassing nor unprofessional.
- Order Denying Motion to Shift ExpensesOAH denied Student's $2,100 sanctions request against Ukiah because a reconsideration motion based on counsel's misunderstanding of the law is not, without more, bad faith or frivolous.
- Order Dismissing Matter for Failure to Comply With OAH OrdersOAH dismissed Student's settled case as abandoned after Student missed the prehearing conference and the order to show cause hearing, and never filed a request for dismissal with a proof of service.
- Order Following Order to Show Cause and Continuing Order to Show Cause, Prehearing Conference, and Due Process HearingOAH continued an order to show cause hearing about Student's counsel missing a prehearing conference, so counsel could respond to West Contra Costa's sanctions motion, which was filed one hour before the hearing.
- Notice of No ActionOAH took no action on Student's motion for sanctions against Paramount because the parties signed a final settlement agreement that is awaiting approval by Paramount's governing board.
- Order Denying Motion to Strike, Continuing Hearing on Motion for Sanctions and Order to Show Cause Why OAH Expenses Should Not Be Shifted, and Setting Briefing ScheduleOAH denied Student's motion to strike Stockton's late sanctions brief because civil-procedure strike rules cover only pleadings, but continued the sanctions hearing so Student could respond.
2023
- Order Setting Hearing on Motion for Sanctions and Briefing ScheduleOAH set a January 12, 2024 hearing on Stockton's sanctions motion against Student's attorneys, who skipped a court-ordered meet and confer and withdrew the case hours before hearing.
- Order Vacating Hearing Dates, and Order to Show Cause Why Student and Student's Attorneys Should Not Be Ordered to Pay OAH ExpensesOAH ordered Student and Student's attorneys to show cause why they should not pay OAH's $4,355 in expenses. They ignored the meet-and-confer requests and withdrew the case hours before hearing.
- Order Following Prehearing Conference for Hearing by Videoconference, Denying Motion to Continue, and Ordering Supplemental Briefing on Motion for SanctionsOAH declined to dismiss the case after Student's attorney missed a prehearing conference, but took OAH cost-shifting under submission, ordered District to document its sanctions claim, and denied District's untimely continuance motion.
- Order Setting Hearing on Order to Show Cause as to Why Matter Should Not Be Dismissed for Failure to Prosecute and Why OAH's Costs Should Not Be Shifted to Student's Attorney for Failure to Appear at the PHC, and Continuing Prehearing Conference and Due Process HearingOAH set an order to show cause on dismissal for failure to prosecute and shifting OAH's costs to Student's attorneys after no Student attorney appeared at the prehearing conference.
- Order Following Order to Show Cause Hearing as to Why Matter Should Not Be Dismissed for Failure to ProsecuteOAH dismissed Student's case without prejudice after Student's attorney skipped the prehearing conference, ignored an order to explain, and missed the show cause hearing; the ALJ chose not to impose costs or sanctions.
- Order Following Prehearing Conference Setting Hearing on Order to Show Cause, and Continuing Prehearing Conference and Hearing by VideoconferenceOAH ordered Student to show cause why the complaint should not be dismissed and OAH's costs shifted to Student's attorney, after the attorney filed no prehearing statement and missed the prehearing conference.
- Order Denying Motion for Sanctions Without PrejudiceOAH denied Mount Diablo's post-hearing sanctions motion without prejudice. The ALJ said its claim that Student's issues were frivolous had merit but was premature because no Decision or prevailing party existed yet.
- Order Vacating Order to Show Cause and Prehearing ConferenceOAH vacated its order to show cause on shifting its costs to Student's attorney. The attorney took responsibility for missing the prehearing deadline and the conference, explained a family death, and promised not to repeat it.
- Order Denying Rosedale's Motion to Dismiss, or to Continue Prehearing Conference and Hearing; and Denying Student's Motion for SanctionsOAH denied Student's sanctions motion against Rosedale for lack of evidence of bad faith, and denied Rosedale's motion to dismiss or continue because same-day mail service was proper and no prejudice was shown.
- Order Following Prehearing Conference, Continuing the Matter, and Setting Hearing on Order to Show Cause Why OAH's Expenses Should Not Be Shifted to Student's AttorneyOAH set an order to show cause on shifting its expenses to Student's attorney, who waited a week after settlement to file a dismissal, filed no prehearing statement, and skipped the prehearing conference.
- Notice of No Action on Motion for SanctionsOAH took no action on Washington's motion for sanctions against a self-represented Parent because a final decision had already been issued and OAH no longer had jurisdiction over the case.
- Order Determining Due Process Complaint Sufficient and Denying Motion for SanctionsOAH denied Lincoln's sanctions motion over Student's refiled complaint because Lincoln showed neither bad faith nor harm, and found all six issues sufficient, with Issue 6 limited to a predetermination claim.
- Order Denying Motion to Dismiss in Part Based Upon Settlement AgreementOAH denied Lammersville's motion to dismiss because the prior settlement only waived claims about placement and lack of progress, not Student's assessment, behavior, IEP-delay, and reimbursement claims; Student's sanctions request was also denied.
- Order Denying Motion for Sanctions or to Shift ExpensesOAH denied Student's request to shift expenses to Liberty because the district's failed motion claiming Parents did not participate in the resolution session was based on good-faith concerns, not bad faith.
- Order Determining First Amended Complaint Partially InsufficientOAH denied Lincoln's sanctions request but again found Issue 1(f) insufficient. The amended complaint was timely, Lincoln showed no bad faith or harm, and the predetermination claim still failed to identify Parent's request.
- Order Determining First Amended Due Process Complaint Partially InsufficientOAH denied Lincoln's sanctions request because it showed neither bad faith nor harm, while again finding two issues in Student's amended complaint insufficient for failing to state the underlying facts.
- Order Denying Motion to Dismiss, Extending Procedural Timelines, and Continuing Due Process HearingOAH denied Mt. Diablo's motion to dismiss but found Student failed to participate in the resolution session by refusing to clarify the complaint, ordering a new session and continuing the hearing.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH denied Twin Rivers' res judicata motion to dismiss because Student's earlier case was dismissed involuntarily and without prejudice. It also denied Student's sanctions request because the prior ALJ's statements made the motion reasonable.
- Order Denying Motion for ReconsiderationOAH denied Orcutt's request to reconsider the denial of its sanctions motion because Orcutt showed no new facts or law, and OAH lost jurisdiction once Student's case was dismissed.
- Order Following Prehearing Conference for Hearing by Videoconference; Order Granting Motion to Dismiss, and Order Granting in Part, and Denying in Part, Motion for Sanctions or Shifting CostsOAH dismissed Student's case and shifted $5,868 in Twin Rivers' attorney's fees to Student's law firm. Its representatives twice refused to discuss the complaint's facts at resolution sessions, defying a prior OAH order.
- Order Denying Motion for Sanctions and Denying Student's Motion for Extension of Time to File a ResponseOAH denied Orcutt's post-dismissal sanctions motion against Parent and Student's attorney because OAH lost jurisdiction once it dismissed the case with prejudice and had not retained jurisdiction.
- Order Granting Motion to Dismiss Round Valley Indian TribesOAH dismissed Round Valley Indian Tribes as a co-petitioner because a tribe is not a 'parent' with standing under the IDEA, Student's attorney did not represent the tribe, and the tribe asked to be dismissed.
- Order Denying Hueneme Elementary School District's Motion for SanctionsOAH denied Hueneme's sanctions motion against Parent and her advocate because whether Parent broke a mediation interim agreement is outside OAH's jurisdiction, and no bad faith or frivolous conduct was shown.
- Order Following Prehearing Conference for Hearing by Videoconference; Order Granting Motion to Dismiss; Order Granting in Part, and Denying in Part, the Motion for Sanctions, and Shifting FeesOAH dismissed Student's case and shifted $4,895.50 in Twin Rivers' fees to Student's attorney after her non-attorney advocate twice refused to discuss the complaint at resolution sessions, the second time defying an OAH order.
- Order Specifying Costs ShiftedOAH ordered Student's attorney Sheila Bayne to personally pay Yuba City $968 in costs caused by her misconduct, finding the district's documented attorney time reasonable.
- Order Dismissing Complaint Without PrejudiceOAH dismissed Student's complaint without prejudice and refused Yuba City's request for sanctions, finding that withdrawing the day before hearing, after failed weekend settlement talks, did not show bad faith.
- Order Shifting Costs for Attorney MisconductOAH ordered Student's attorney Sheila Bayne to personally pay Yuba City's costs. She repeatedly filed prehearing conference statements without a concise statement of issues, despite a prior ALJ's admonition, which OAH found frivolous and in bad faith.
- Order Discharging Order to Show Cause Concerning Failure to Appear at Prehearing ConferenceOAH discharged its order to show cause over Student's attorney missing the prehearing conference, finding the mix-up over Zoom invitations was at worst negligent and did not justify dismissal or sanctions.
- Order to Show Cause as to Why Matter Should Not Be Dismissed for Noncompliance With OAH Requirements for Prehearing Conference Statements and for Nonappearance at Prehearing ConferenceOAH ordered Student's attorney to show cause why she should not be sanctioned or the case dismissed for repeatedly filing noncompliant prehearing conference statements and missing the prehearing conference.
- Order Following Prehearing Conference Granting Motion to Strike Student's Prehearing Conference Statement and Continuing Prehearing Conference and Due Process HearingOAH struck Student's 10-page, brief-like prehearing conference statement for lacking a concise statement of issues and announced an order to show cause on sanctions or dismissal for counsel's repeated violations.
- Order Denying Motion to Dismiss, or in the Alternative, Motion for SanctionsOAH denied the charter school's motion to dismiss as moot and refused to start contempt proceedings or shift expenses, because pleading defects belong in an insufficiency notice and no sworn expense showing was made.
- Order Discharging Order to Show Cause and Granting Due Process Hearing ContinuanceOAH discharged an order to show cause against Parent for missing a prehearing conference because Parent's explanation was sufficient, and granted an unopposed continuance so Parent could seek counsel.
2022
- Order Granting Request for ContinuanceOAH granted Santa Monica-Malibu's first continuance because key staff witnesses were away on winter break vacations. It denied Student's request for subpoena costs because each party bears its own litigation costs.
- Order Denying Motion for SanctionsOAH denied San Francisco's $31,500 sanctions motion against Student and counsel, finding no bad faith or frivolous tactics because Student timely amended within OAH deadlines and most claims were found sufficient.
- Order Discharging Order to Show CauseOAH discharged an order to show cause against Student's attorney for missing the prehearing conference, finding her timely declaration explained the absence well enough to avoid sanctions.
- Order Denying Request to Add Witnesses to Witness List and Denying SanctionsOAH denied Student's late request to add 14 witnesses, which came without good cause, and denied Los Angeles' sanctions motion because the district offered no proof of bad faith or a declaration of expenses.
- Order Denying Motion to Shift ExpensesOAH denied Student's request that the district's attorney pay his attorney fees for a motion to exclude witnesses, because only the presiding ALJ may raise expenses and the case had settled.
- Order to Show Cause as to Why This Matter Should Not Be Dismissed, Student's Counsel Should Not Be Sanctioned for Non-Appearance, and Continuing Prehearing Conference and Due Process HearingOAH ordered Student's attorney to show cause why she should not be sanctioned, made to pay costs, and have the case dismissed after she failed to appear at the prehearing conference.
- Order Denying Motion for Sanctions and Shifting Litigation CostsOAH denied Magnolia's request to make Parent pay $6,133 in legal costs after Parent dismissed the case the day before hearing, finding that withdrawing a case after three continuances is not sanctionable.
- Order Denying Motion for SanctionsOAH denied Sacramento City's sanctions motion because filing a new complaint after two earlier ones were dismissed for insufficiency is not frivolous, and OAH lacks jurisdiction over unauthorized-practice and ethics complaints.
- Order Granting Motion to Amend Complaint, Denying Motion for Reconsideration of Dismissal as Moot, and Denying Request to Shift CostsOAH refused to shift Burbank's motion-to-dismiss costs to Student, finding no bad faith, and let Student amend the complaint, which made Burbank's reconsideration motion moot.
- Order Granting Motion to Shift Costs for Delaying Due Process HearingOAH ordered Student's attorney to pay Modesto $756 because the attorney filed hearing contact information late and the Student side appeared late, delaying the first hearing day by 48 minutes.
- Discharge of Order to Show Cause Why OAH's Costs for the October 3, 2022 Prehearing Conference Should Not Be Shifted to StudentOAH discharged an order to show cause about shifting its prehearing conference costs to Student's attorney, who missed the PHC and filed no PHC statement, because it was his first such lapse.
- Orders Following Prehearing Conference, to Show Cause as to Why Matter Should Not Be Dismissed for Inactivity and Why Costs Should Not Be ShiftedOAH ordered Student and Student's counsel to show cause why the case should not be dismissed and costs shifted after no one appeared for Student at the prehearing conference.
- Order Following Prehearing Conference, Denying Motion for Sanctions, Denying Motion to Dismiss, and Continuing Action to Hold a Resolution SessionOAH denied Kelseyville's sanctions motion and motion to dismiss because the adult Student filed the case himself and the district made no reasonable effort to hold a resolution session.
- Order Following Prehearing Conference for Hearing by Videoconference and Setting Hearing on Order to Show CauseOAH set an order to show cause on dismissing Student's complaint and shifting OAH's prehearing conference costs. Student's attorney filed no PHC statement and did not appear, and no dismissal had been filed despite a reported settlement.
- Order Granting in Part Motion to Dismiss Based Upon Settlement Agreement and Denying Motion to Strike and Request for SanctionsOAH denied Student's sanctions request and motion to strike, kept FAPE claims about the March 2022 IEP, and dismissed a settlement-barred claim and a confidentiality-breach claim OAH cannot hear.
- Order Determining Amended Complaint InsufficientOAH found Student's amended complaint insufficient in its entirety because it incorporated facts from the superseded original complaint, and denied Student's request for sanctions against Sacramento City.
- Order Following Prehearing Conference and Granting Request for ContinuanceOAH denied Student's request for sanctions over Palo Alto's counsel appearing by phone instead of video, but ordered video appearance at the next prehearing conference; a short continuance was granted pending settlement signatures.
- Order Following Order to Show Cause Hearing Imposing Sanctions and Shifting OAH ExpensesOAH sanctioned Student's attorney and his firm $2,573.75 for failing to give written notice of settlement and ignoring OAH orders, which caused wasted ALJ time on a prehearing conference and show-cause hearing.
- Order Denying Motion to Shift ExpensesOAH denied Student's motion to shift expenses against Conejo Valley, finding that filing a Notice of Insufficiency one day late showed carelessness but not bad faith, frivolousness, or intent to delay.
- Order Denying Motion to Compel Progress Reports for 2020, 2021, and 2022, or State That the Reports Do Not ExistOAH denied Student's motion to compel progress reports because Long Beach stated in writing that it had produced all responsive educational records, and a district need not say whether a particular type of document exists.
- Order Continuing Prehearing Conference and Hearing, and Order to Show Cause Why Parties and Attorneys Should Not Be Ordered to Pay OAH ExpensesOAH continued the hearing and ordered Student, Hart, and Student's attorneys to show cause why they should not pay $2,573.75 in OAH expenses after neither side appeared or responded to OAH.
- Order Granting Motion to Amend Complaint; Denying Student's Request for SanctionsOAH let Conejo amend its complaint to add triennial assessment and IEP issues, and denied Student's sanctions request, because the new issues were proper and all hearing dates stayed the same.
- Notice of No Action on Motion for SanctionsOAH took no action on Rocklin's sanctions motion against Student's counsel because the case had already been dismissed after settlement, leaving OAH without jurisdiction.
- Order Regarding Order to Show CauseOAH declined to shift over $3,000 in costs to Student's attorney, but found she had no good cause for skipping the prehearing conference and PHC statement. It warned that future noncompliance may bring sanctions.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider excluding two expert witnesses who ignored subpoenas, because Student offered no new facts or law and no expert declarations, and the motion was riddled with errors.
- Order Following Prehearing Conference for Hearing by Videoconference, Order Granting Leave to Amend, and Order Denying Motion for Sanctions Without PrejudiceOAH denied Monrovia's sanctions motion against Student's counsel as moot because Student withdrew the amended complaint that allegedly disclosed confidential settlement talks, and granted Student's revised amended complaint.
- Order Ruling on Order to Show Cause, District's Motion to Dismiss Student's Complaint With Prejudice, and District's First and Second Motions to Shift FeesOAH shifted $738 of District's attorney's fees to Student and the Law Firm of Sheila Bayne after Student's attorneys filed an inaccurate PHC statement and ignored an order to correct it, but refused dismissal.
- Order Following Prehearing Conference Granting Request for Continuance and Mediation, and Ordering Student's Counsel to Show Cause Re: Shifting CostsOAH ordered Student's counsel to show cause why costs should not be shifted for skipping the prehearing conference after filing a last-minute continuance request before leaving on vacation.
- Order Following Prehearing Conference, Setting Hearing on Order to Show Cause, and Continuing Prehearing Conference and Hearing by VideoconferenceOAH set an order to show cause hearing on dismissing Student's case or shifting OAH's costs to Student because Student ignored an order to file a corrected prehearing conference statement accurately stating the issues.
- Order Granting and Denying in Parts Motion to Compel Observation by Independent Evaluators; and Request for SanctionsOAH denied Student's $3,164.75 sanctions request and his request for blanket observation access for all future independent assessors. It found the motion to compel a three-hour school observation moot because Beverly Hills agreed to it.
- Order Denying Motion to Dismiss and Motion for Leave to Request SanctionsOAH denied Student's motion to dismiss Beverly Hills' assessment case and request for leave to seek sanctions, because the motion sought a merits ruling and special education law has no summary judgment procedure.
- Order Following Hearing on Order to Show Cause, Order Dismissing Complaint Because of Inactivity, and Order Denying Motion to Shift FeesOAH dismissed Student's complaint after Parent repeatedly missed conferences and filings, but denied Sacramento City Unified's fee-shifting request because the lay advocate is not an authorized representative and Parent's bad faith was not shown.
- Order Denying Motion for SanctionsOAH denied Monrovia's sanctions motion over Parent allegedly broadcasting a confidential mediation on speakerphone, because OAH's sanction authority covers due process hearings, not mediation.
- Order Regarding DocumentationOAH found both sides' papers on Monrovia's sanctions motion apparently incomplete and allowed each party to refile complete versions by 10:00 a.m. on February 18, 2022.
2021
- Order Denying Pleasant Valley's Motion to Shift ExpensesOAH denied Pleasant Valley's motion to shift witness salary costs onto Student. Student's flawed Caselines exhibit upload was not bad faith, frivolous, or meant solely to delay, and both sides contributed to delays.
- Order Granting Motion to Compel Observation and Reopen Evidentiary Record; Denying Motion for SanctionsOAH ordered Irvine to let Student's expert observe a renamed English class and reopened the closed hearing record, but denied sanctions because there was no evidence of bad faith.
- Order to Show Cause Re Dismissal and Order Continuing the Prehearing Conference and Due Process HearingOAH ordered both parties to show cause why Student's case should not be dismissed and sanctions imposed after neither side appeared at the prehearing conference, and continued the hearing.
- Notice of No Action as to Student's Motion for SanctionsOAH took no action on Student's sanctions motion against Oak Grove because Student settled and withdrew the case, and OAH had already dismissed and closed the matter.
- Order Granting Motion to Unexpedite Hearing and Denying Request for SanctionsOAH unexpedited Student's hearing because removals stemmed from district-wide COVID-19 remote learning, not discipline, but denied Mt. Diablo's sanctions request since the new claims covered a different school year.
- Order Vacating Order to Show Cause HearingOAH vacated its order to show cause hearing on shifting Central Unified's costs to Student's attorney because Central Unified did not file the required cost-shifting motion and declarations by the deadline.
- Order Granting Motion to Consolidate and Denying Motion to Quash Subpoena Duces Tecum as Moot; Order Setting Order to Show CauseOAH set an order to show cause on sanctions against Student's attorney. Central Unified claimed his new complaint and consolidation motion were filed in bad faith to delay its case. OAH also granted consolidation over the district's objection.
- Order Following Prehearing Conference Determining Case Should Not Be Dismissed and Granting Second Motion to Amend ComplaintOAH declined to dismiss Student's case after counsel missed a second prehearing conference. Counsel's excuse was not good cause, but dismissal would unfairly prejudice Student. OAH also granted a second amended complaint.
- Order Shifting Costs for Failure to Produce Scheduled Expert Witness for Hearing on June 22, 2021OAH shifted $1,282.75 in costs to Student's attorney and her firm because she cancelled a scheduled expert witness the night before hearing without OAH consent. OAH found her inconsistent explanations amounted to bad faith.
- Order Denying Motion to Dismiss and for SanctionsOAH denied Orinda's motion to dismiss Student's failure-to-assess claim as premature and its request for sanctions, because timeliness requires factual findings at hearing and no bad faith was shown.
- Order Granting Oakland's Motion to Dismiss for Lack of ProsecutionOAH dismissed Student's case for failure to prosecute. Student's counsel repeatedly failed to exchange usable exhibits and witness lists despite prior warnings that no more delays would be allowed.
- Order Setting Aside Order To Show CauseOAH set aside its order to show cause against Student's attorney for missing the prehearing conference after a sworn response showed the absence was due to extenuating circumstances, not delay.
- Order Requiring Del Mar Union School District to Restore Hearing ExhibitsOAH ordered Del Mar Union to restore all of its hearing exhibits it deleted from Caselines after dismissal, because admitted exhibits are part of the official record, and warned of possible sanctions.
- Order to Show Cause as to Why Student's Attorney Should Not Be Ordered to Pay Costs for Failing to Appear for Prehearing Conference and Dismissal of Complaint and ContinuanceOAH ordered Student's attorney to explain why she should not pay the districts' costs and why the case should not be dismissed, after she failed to appear for the prehearing conference.
- Order Denying Motions for Reconsideration, Striking Shelley Ware's Testimony, Striking Portions of Morgan Hill's Closing Brief, and SanctionsOAH denied Student's post-hearing motions to strike a district witness's testimony as coached, reconsider the statute of limitations ruling, impose sanctions, and strike parts of Morgan Hill's closing brief, finding them untimely and unproven.
- Order Denying Motion to Shift ExpensesOAH denied Oakland's request to shift litigation costs to Student because the delays and the missed evidence exchange came from Student's counsel's medical condition, not bad faith or frivolous tactics.
- Order Granting Motions to Reconsider, Order Unconsolidating Cases and Granting Motion to Continue in 2021050590OAH unconsolidated the cases and continued the District's case because Parent fired Student's attorney in that case. A Student cannot be both self-represented and represented by counsel in one consolidated action.
- Order Granting Request for Continuance, Denying Motion to Exclude Evidence as Moot, and Ordering Student to Show Cause Regarding Shifting CostsOAH ordered Student to show cause why Student should not bear Oakland's costs for motions caused by Student's late evidence exchange. It also granted a final continuance because counsel cannot currently represent Student competently.
- Order Denying Student's Request for SanctionsOAH denied Parent's sanctions request against Santa Monica, finding its successful motion to dismiss was not frivolous or in bad faith even though Parent had filed a notice of unavailability for medical leave.
- Supplemental Order Issued at Hearing and Continuing Due Process HearingOAH ordered Student to reorganize and re-upload exhibits that violated the prehearing conference order, warned of a possible order to show cause on sanctions, and continued the hearing to June 17, 2021.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH denied Student's sanctions request against Chino Valley because only the presiding hearing ALJ may place expenses at issue, and a witness-based continuance request was not sanctionable conduct.
- Supplemental Orders Issued During Due Process Hearing and Continuing Due Process HearingOAH denied Student's request for judicial notice of prior OAH rulings, a Senate bill, and Governor's orders, ordered briefing on its jurisdiction over a settlement-based claim, and warned Student of sanctions over noncompliant exhibits.
- Order Denying Motion to DismissOAH denied Anaheim Union's motion to dismiss because Parent attended the resolution session, and claims that Student's advocate practiced law without a license are outside OAH's jurisdiction.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH set five distance-learning FAPE issues for a May 2021 video hearing, denied both sides' notice requests for failing to show relevance, and warned Student's late, unprepared attorney of record about possible sanctions.
- Notice of Hearing Date Change for Order to Show Cause and Prehearing ConferenceOAH rescheduled the order to show cause hearing and resumed prehearing conference to May 14, 2021, because it had failed to serve Student's counsel with its May 3, 2021 order.
- Order Following Order to Show Cause Hearing Regarding Shifting Costs to the Parties' AttorneysOAH declined to sanction both parties' attorneys for ignoring its prehearing conference order after they promised to follow OAH orders in the future, so neither must pay hearing preparation costs.
- Order of Case Reassignment and Show Cause Regarding Failure to Comply With PHC OrderOAH reassigned the case and ordered both sides' attorneys to show cause why they should not pay OAH's costs for failing to file electronic exhibits five business days before hearing, as the PHC Order required.
- Order Denying Student's Request for Reconsideration; and Morgan Hill Unified School District's Request for SanctionsOAH denied Student's untimely request to undo a voluntary withdrawal. It also denied Morgan Hill's sanctions request, finding counsel's conduct showed poor preparation but not bad faith or an improper purpose.
- Order Denying Motion to Compel Production of Records and Motion to Shift CostsOAH denied Student's motions to compel records and shift costs because there is no prehearing discovery, Fremont swore it produced the records, and Student showed no bad faith or frivolous conduct.
- Order Denying Motion to Quash SubpoenaOAH denied Student's motions to quash Anaheim Elementary's medical-records subpoenas without reaching the merits, because Parent again served the district's special education director instead of its attorney, violating prior service orders.
2020
- Order Denying Motion to Dismiss Issue 1, Granting Motion to Dismiss Issue 6, and Denying the Motion for SanctionsOAH denied Etiwanda's sanctions request and kept Student's claim that Etiwanda's breach of a settlement denied a FAPE, but dismissed a pure claim to enforce compensatory Lindamood Bell services as outside OAH jurisdiction.
- Order Denying Motion to Dismiss and Denying Student's Motion for SanctionsOAH denied Paso Robles' motion to dismiss for lack of standing because the 18-year-old Student assigned educational rights to Parent, and denied Student's sanctions request because the motion was not frivolous.
- Order Following Prehearing Conference for Hearing by Videoconference and Setting Order to Show CauseOAH ordered Student's attorney to show cause why he should not pay OAH's costs after he filed no prehearing conference statement and failed to appear at the prehearing conference.
- Order Following Prehearing Conference for Hearing by Videoconference, Denying Motion to Compel, and Denying Motion for Official NoticeOAH denied Student's motion to compel witness contact information and shift subpoena costs to the agencies, finding no legal duty to produce non-employee witnesses and no proof of bad faith.
- Order Denying Student's Motion to Strike Los Angeles County Office of Education's Response to the Amended ComplaintOAH denied Student's motion to strike County's late response to the amended complaint and shift hearing-preparation costs. No law lets OAH police a response's content, and Student showed no real prejudice.
- Order on Contempt SanctionsOAH ordered Student's counsel to pay Chaffey $2,510 in attorney's fees because she frivolously violated orders requiring subpoenaed witnesses to send documents directly to OAH, collecting them herself instead.
- Order Denying Motion to Dismiss for Allegations Outside of the Statute of Limitations, Denying Motion to Dismiss a Party, and Denying Request for SanctionsOAH denied iLead's motions to dismiss older claims and the stepfather as a party, and denied Student's sanctions request. The statute-of-limitations exception raises factual questions for hearing, and iLead's motion was not frivolous.
- Order Granting Motion to Dismiss Based Upon Settlement Agreement and Denying Request for SanctionsOAH dismissed Student's case because a prior settlement waived all claims through the start of the 2020-2021 school year, but denied San Jose's sanctions request because there was no showing of bad faith or frivolous tactics.
- Order Denying Motion to Compel Witness Contact Information and Denying Request for SanctionsOAH denied Student's motion to compel witness contact information as moot and denied sanctions because Lucia Mar Unified provided the information on time, and warned both sides about unprofessional pleadings.
- Order on Contempt SanctionsOAH found Student's counsel failed to follow orders requiring subpoenaed witnesses to send documents directly to OAH, ordered renewed compliance, rejected harsher remedies, and deferred Chaffey's attorney's fees request.
- Order Following Prehearing Conference for Hearing by Videoconference, Order Denying Request for Continuance, and Order to Show Cause as to Why Matter Should Not Be Dismissed for Failure to ProsecuteOAH ordered Student to show cause why her case should not be dismissed for failure to prosecute after Parent skipped the prehearing conference, and denied a fourth continuance as lacking merit.
- Order Granting in Part and Denying in Part Motion to Compel District to Produce Contact Information of District Controlled Witnesses, Denying SanctionsOAH ordered Long Beach to give Student's counsel addresses for its employee witnesses without delay, given COVID-19 and summer-break concerns, and denied Long Beach's request for sanctions against Student's counsel.
- Order Dismissing Order to Show CauseOAH dismissed its order to show cause on expenses and dismissal for inactivity, finding the parties missed the prehearing conference because of unclear communication with OAH, not to delay the case.
- Order Following Prehearing Conference and Order to Show Cause as to Why Parties Should Not Pay Expenses and Matter Should Not Be Dismissed for InactivityOAH ordered both Student and Fontana to show cause why they should not pay OAH's expenses after neither appeared at the prehearing conference, and ordered Student to show cause why the case should not be dismissed.
- Order Vacating Hearing on Order to Show CauseOAH vacated its order to show cause and imposed no expenses after Student's counsel filed a declaration showing good cause for failing to tell OAH a mediation had been cancelled.
- Order to Show Cause as to Why the Parties Should Not Be Ordered to Pay Expenses of Office of Administrative HearingsOAH ordered both Student and Los Angeles to show cause why they should not pay OAH's expenses after neither appeared at a scheduled video mediation or properly cancelled it, despite having settled in principle.
- Order Denying District's Motion to Dismiss and Motion to Exclude and Denying Student's Motion for SanctionsOAH denied Bellflower's motion to dismiss or exclude Student's evidence over a late physical exhibit binder, finding the emailed exhibits made it harmless error, and denied Student's sanctions request for lack of bad faith.
- Order Granting Motion to Dismiss for Residency and Denying Motion for SanctionsOAH denied Rocklin's request to shift its legal fees to Student over a residency move, finding no bad faith, and dismissed Rocklin's case as moot because Student no longer lived in the district.
- Order Denying Motion for Contempt and for Award of SanctionsOAH denied Student's motion for contempt and sanctions over how Fremont carried out a stay put counseling order, finding no showing of bad faith, frivolous tactics, or incurred expenses.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH overruled Bellflower's objections to a COVID-era video hearing and ordered it to produce its staff witnesses by videoconference. It warned of evidentiary sanctions, including inferences favoring Student, if Bellflower failed to comply.
- Order Denying Motion to Dismiss and Motions for SanctionsOAH denied Student's motion to dismiss Hemet's due process case and denied both sides' sanctions motions, because Hemet was legally required to file when Parent refused its placement offer.
- Order Granting Motion to Compel Response to Request for Due Process HearingOAH ordered San Diego Unified to answer Student's due process complaint despite its COVID-19 office closure, finding it was properly served, and denied the district's request for sanctions against Student.
- Order of Determination of Sufficiency of Due Process Complaint; Denial of Motion to Dismiss and Motion for SanctionsOAH found Hemet Unified's complaint sufficient and denied Student's motions to dismiss and for sanctions without prejudice, because those motions cannot be combined with a notice of insufficiency.
- Order Vacating Order to Show Cause Regarding Sanctions Against Student's AttorneyOAH vacated its order to show cause and refused to sanction Student's attorney for missing a prehearing conference, accepting her sworn statement that phone problems kept her from participating.
- Order Denying Motion for SanctionsOAH denied Corona-Norco Unified's sanctions motion over Parent's three repeated expedited filings and withdrawals, finding family circumstances explained the withdrawals and Parent had stayed engaged in the process.
- Order to Show Cause as to Why Student's Attorney Should Not Be Ordered to Pay ExpensesOAH ordered Student's attorney to show cause why she should not pay OAH's mediator, interpreter, and travel costs after canceling a mediation with the district without telling OAH.
- Order Following Prehearing Conference; Order Regarding Resolution Session for Non-Expedited MatterOAH ordered Corona-Norco to hold a new resolution session for Student's non-expedited issues because the 30-day period had not run. It denied the motion to strike and reserved sanctions.
2019
- Amended Order Shifting Expenses to Student's Attorney for Failure to Appear at Prehearing ConferenceOAH ordered Student's attorney to pay $695 to OAH for missing a prehearing conference, citing her repeated missed PHCs despite two prior warnings in four months.
- Order Shifting Expenses to Student's Attorney for Failure to Appear at Prehearing ConferenceOAH ordered Student's attorney to pay $695 to OAH after her third missed prehearing conference in four months, finding her repeated non-appearances caused unnecessary delay and expense.
- Order to Show Cause as to Why Student Should Not Be Ordered to Pay Costs for Failing to Appear for Prehearing Conference, and Why the Complaint Should Not Be Dismissed, and Continuing MatterOAH ordered Student to explain in writing why Student should not pay costs or have the complaint dismissed after failing to appear for the telephonic prehearing conference, and continued the hearing.
- Order Discharging Order to Show CauseOAH discharged its order to show cause against Student's counsel for missing two prehearing conferences, finding counsel's written explanation sufficient and declining to impose sanctions.
- Order to Show Cause as to Why Student's Attorney Should Not Be Ordered to Pay Costs for Failing to Appear for Prehearing Conference, and/or Why the Complaint Should Not Be Dismissed, and Continuing Prehearing ConferenceOAH ordered Student's attorney to explain why she should not pay costs or face dismissal after she missed the telephonic prehearing conference, and continued the prehearing conference and hearing dates.
- Order to Show Cause as to Why Student's Attorney Should Not Be Ordered to Pay Costs for Failing to Appear for Prehearing Conference, and/or Why the Complaint Should Not Be Dismissed, and Continuing Prehearing ConferenceOAH ordered Student's attorney to explain why she should not pay costs, or the complaint be dismissed, after she failed to appear at the telephonic prehearing conference.
- Order Granting Motion to Consolidate and Continuance of Due Process HearingOAH denied Student's sanctions request, consolidated Student's and Rosedale's cases over Student's objection because they share witnesses and assessment evidence, and continued the hearing to January 22, 2020 for good cause.
- Order to Show Cause as to Why Sanctions Should Not Be Imposed on Student's AttorneyOAH ordered Student's attorney to show cause why he should not be sanctioned for OAH's costs after he skipped two prehearing conferences and delayed filing a settlement dismissal for three weeks.
- Order Following Order to Show CauseOAH declined to dismiss Student's complaint or shift costs after Student's counsel missed a prehearing conference, finding no bad faith because she misjudged how long a settlement would take to finalize.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause on mediation-cancellation costs, accepting both attorneys' explanation that they took appropriate steps to cancel the mediation after settling.
- Order to Show Cause Why Parties Should Not Be Ordered to Pay ExpensesOAH ordered both attorneys to show cause why they should not pay OAH's mediator travel and other expenses after they settled but never told OAH to cancel the scheduled mediation.
- Order Denying Student's Motion for Order to Show Cause and Denying Both Parties' Request for SanctionsOAH denied Student's motion for an order to show cause and both sides' sanctions requests, warning that Student's demand for proof of the director's car accident bordered on bad faith.
- Order Amending Prehearing Conference OrdersOAH declined to consider Student's oral sanctions motion, ordered San Bruno to file its complaint response within a day, and set expedited written briefing on San Bruno's motion to dismiss.
- Order Following Order to Show CauseOAH declined to dismiss the case or sanction Parent for missing a prehearing conference, finding no adequate excuse but crediting her timely, regretful response, and warned her against assuming continuances are granted.
- Order Vacating Hearing Dates, Denying Motion to Continue, and Ordering Student to Show Cause Why Student's Attorney Should Not Be Ordered to Pay Costs for Failing to Appear at the Prehearing Conference, and Why Student's Complaint Should Not Be DismissedOAH ordered Student's attorney to explain her failure to appear at the prehearing conference or face cost-shifting or dismissal, and denied a late-filed joint continuance request.
- Order Vacating Order to Show Cause Re Sanctions HearingOAH vacated a sanctions hearing against Aveson's attorney for missing a telephonic status conference, accepting her sworn explanation that the judge's calls went to voicemail.
- Order Denying Motion for SanctionsOAH denied Student's request for sanctions against Golden Plains because the district may rely on Student's hearing evidence, and filing a successful motion to exclude evidence is not frivolous or bad faith.
- Order Granting Motion to Compel Response to Complaint and Denying Request to Vacate Hearing Dates and Shift CostsOAH ordered Pleasanton to file a response to Student's complaint, because its earlier prior written notice covered only some issues. OAH denied Student's requests to vacate the hearing dates and shift costs.
- Order Following Status Conference; Setting Supplemental Briefing Schedule; and Setting Order to Show Cause Regarding SanctionsOAH set an order to show cause hearing on sanctions after Aveson's attorney failed to appear at a telephonic status conference, despite the ALJ calling three times and leaving two voicemails.
- Order Denying Motion to Compel and Shift CostsOAH denied Student's motion to compel Alum Rock's response and shift delay costs because the district had since responded, the hearing was continued at the parties' request, and Student showed no prejudice.
- Order Denying Motion for Summary Judgement and Denying Request for Expert Fee PaymentOAH denied Student's summary judgment motion seeking private placement because special education law has no summary judgment procedure, and refused to order Mt. Diablo to pay Parent's expert fees before a merits decision.
- Order Dismissing Student's Expedited Due Process Matter for Failure to ProsecuteOAH dismissed Student's expedited issues without prejudice for failure to prosecute after counsel missed the prehearing conference, but declined to shift costs because there was no evidence of bad faith or frivolous tactics.
- Order to Show Cause as to Why Student's Expedited Case Should Not Be Dismissed for Failure to Prosecute and Costs ShiftedOAH ordered Student's counsel to explain why the expedited case should not be dismissed and OAH's costs shifted, after counsel could not be reached for a scheduled prehearing conference.
- Order Denying Motion to Dismiss and Denying Motion for SanctionsOAH denied Etiwanda's motion to dismiss as premature because the facts were disputed, and denied Student's sanctions motion because losing a disputed motion does not make it frivolous or bad faith.
- Order Denying Motion to Compel District to Provide a Compliant Response, Request to Continue and Shift Costs or Alternatively to Preclude District From Producing Evidence at HearingOAH denied Student's motion to compel Compton to file a more detailed response, shift costs, or bar its evidence. No law lets a parent challenge the sufficiency of a district's response.
- Order to Show CauseOAH ordered all parties to show cause why OAH's mediator travel expenses should not be shifted to them after they cancelled an expedited mediation by after-hours voicemail instead of contacting the case manager.
- Order Denying Motion for Sanctions; Dismissing CaseOAH denied Empire's sanctions request against Student, finding no bad faith or delay tactics, and dismissed the case after Student revoked special education consent and Empire withdrew its complaint.
- Order Denying Student's Motion for Production of Records and for SanctionsOAH denied Student's mid-hearing motion to compel records and for sanctions. Most disputed records had already been produced, the rest were not maintained education records, and there was no evidence of bad faith.
- Order Clarifying Ex Parte Memorandum; Order Granting Respondents' Request for Fees, in Part; Order Denying Student's Request for FeesOAH ordered Student's counsel to pay the districts $700 because a voicemail to the Presiding ALJ seeking to undo another ALJ's order was a bad-faith, frivolous ex parte communication.
- Order Following Prehearing Conference, Setting Order to Show Cause re Dismissal, and Continuing Due Process Hearing DatesOAH ordered Student to show cause why the case should not be dismissed after Student's attorney filed no prehearing conference statement and missed the prehearing conference, and continued the hearing one week.
- Order to Show Cause Why Facts Should Not Be Certified for Contempt SanctionOAH ordered Student's attorney to show cause why she should not be referred for contempt after she called the ALJ a racist and repeatedly talked over the ALJ during a prehearing conference.
- Order Granting Motion to Dismiss Issue Two and Denying Request for SanctionsOAH dismissed Student's Section 504/ADA retaliation claim for lack of jurisdiction but denied Garvey's sanctions request, finding the district should have filed a motion to dismiss rather than demand withdrawal.
- Order of No Action Regarding Notice to Present EvidenceOAH took no action on Student's second pre-hearing 'Notice to Present Evidence' because evidence and arguments belong at the hearing, and warned Parent that further frivolous filings could bring sanctions.
- Order for No SanctionsOAH declined to sanction either side after a mid-hearing clash over fraud accusations and an ethics notice, finding the filings were not bad faith, frivolous, or solely meant to delay.
- Order Following Prehearing Conference; Order for No Sanctions; Order Granting Motion to AmendOAH declined to sanction both sides for missing a prehearing conference and failing to file statements, finding the lapses inadvertent, and granted Capistrano's unopposed motion to amend its complaint.
2018
- Order Following Prehearing Conference Continuing the Prehearing Conference and Hearing Dates and Ordering Both Parties to Show CauseOAH ordered both sides to show cause after neither attended the prehearing conference. Student must explain why the case should not be dismissed, and Coachella Valley why it should not be sanctioned.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause against Paramount's attorney for missing a scheduled mediation, finding her absence was an honest mistake caused by miscommunication about rescheduling.
- Order Granting Motion for Stay Put and Denying Request for Permission to File Motion for SanctionsOAH denied Student leave to seek sanctions against Redlands because its losing opposition was not bad faith or frivolous, while granting stay put because graduating Student is a change of placement.
- Order to Show Cause Why Paramount Unified School District Should Not Be Ordered to Pay ExpensesOAH ordered Paramount to show cause why it should not pay OAH's mediator travel and interpreter costs after its attorney skipped a mediation the parties had jointly requested.
- Order Following Prehearing ConferenceOAH denied Student's request to make San Luis pay costs for its late complaint response because there was no supporting declaration and no showing of bad faith, and counsel never called the district.
- Order Denying Request to Bifurcate; Denying Requests for Sanctions; Denying Motion to Unexpedite Hearing; and Partially Denying Request for DismissalOAH denied both sides' sanctions requests, refused to unexpedite or bifurcate a manifestation determination appeal by a non-eligible Section 504 student alleging basis of knowledge, and dismissed only the civil rights claim.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause against Student's attorney for missing a scheduled mediation, finding the failure to appear was an inadvertent calendar oversight for which he took full responsibility.
- Order Denying Bellflower's Motion to Exclude Student's Proposed Exhibits; Continuing Due Process Hearing; and Denying Student's Motion for Sanctions for Bellflower's Frivolous Tactics and Actions Creating Unnecessary DelayOAH denied Student's motion for sanctions against Bellflower and denied Bellflower's motion to exclude Student's exhibits for improper service, continuing the hearing so Bellflower could review the exhibits.
- Order to Show Cause Why Case Should Not Be Dismissed; Continuing Prehearing Conference and Due Process HearingOAH ordered Student to show cause why the case should not be dismissed after Parent missed the prehearing conference because Parent's phone number on file was invalid.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's attorney to show cause why he should not pay OAH's mediator and travel costs after he failed to appear at a mediation he had requested and agreed to.
- Order Denying Motion for SanctionsOAH denied Victor Valley's sanctions motion against Student's attorney because a non-lawyer clerk's signature on a routine joint mediation and continuance request was not bad faith, frivolous, or delaying.
- Order to Show Cause Why Student Should Not Be Required to Pay ExpensesOAH ordered Student's attorney to show cause why he should not pay OAH's costs of preparing for a rescheduled prehearing conference after he failed to submit complete settlement paperwork despite repeated notice.
- Order Regarding Payment of CostsOAH revoked an installment plan and ordered attorney Nicole Hodge Amey to pay the full $4,000 cost sanction by November 1, 2018, after she missed every installment deadline without explanation.
- Order Setting Aside Order to Show Cause Re Margaret J. McNairOAH set aside its order to show cause against Student's co-counsel and managing attorney, finding she properly monitored a colleague's medical condition and could not have known the colleague would miss mediation.
- Order Setting Aside Order to Show Cause Re Lisa ShafiiOAH set aside its order to show cause against Student's attorney for missing a scheduled mediation, finding her absence excusable because of documented medical issues following the birth of her child.
- Order to Show Cause Why Student Should Not Be Ordered to Pay Expenses Re Margaret J. McNairOAH ordered Student's co-counsel Margaret J. McNair to show cause why she should not pay OAH's mediator and travel costs after no one from Student's side appeared at a jointly requested mediation.
- Order Partially Shifting to Parent OAH's Costs in Responding to Ex Parte CommunicationsOAH ordered Parent to pay $500 of OAH's costs after finding she knowingly and in bad faith made four ex parte communications to OAH judges and staff without notifying San Bruno Park.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's attorney to show cause why she should not pay OAH's mediator and travel costs after she failed to appear at a mediation she had requested and agreed to.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause against West End SELPA and its non-attorney advocate, Dr. Royal Lord. Their counsel assured OAH that non-attorney representation of member districts would not happen again.
- Order Denying Student's Motion to Compel District's Response to Due Process Complaint and Accompanying Motion for Payment of Costs Due to DelayOAH denied Student's motion to compel Compton's late complaint response as moot and refused to award nonpublic school costs, because Student showed no hearing delay caused by the late filing.
- Order to Show Cause Re: Sanctions and/or Contempt, West End Special Education Local Plan Area and Royal Lord, Ed.D.OAH ordered West End SELPA and its non-attorney advocate Dr. Royal Lord to show cause why they should not be sanctioned or referred for contempt for repeatedly ignoring orders barring his representation of districts.
- Order Denying Student's Motion to Compel District's Response to Due Process Complaint and Accompanying Motion for Payment of Costs Due to DelayOAH denied Student's request to make Compton pay nonpublic school costs for filing its complaint response late, finding the hearing was not delayed and the motion to compel was moot.
- Order Following Prehearing Conference and Granting Continuance of Prehearing Conference and Due Process HearingOAH discharged an order to show cause against Student's attorney for missing a trailed prehearing conference after she showed good cause. It also granted a short unopposed continuance so the parties could finalize their settlement.
- Order to Show Cause as to Why Student's Attorney Should Not Be Ordered to Pay Costs for Failing to Appear for Prehearing Conference and/or Why Student's Complaint Should Be Dismissed, and Continuing Prehearing ConferenceOAH ordered Student's attorney to explain why she should not pay costs, or why the complaint should not be dismissed, after she missed a rescheduled prehearing conference without an approved continuance.
- Order Withdrawing Order to Show Cause; and Order Denying Cross-Motions for SanctionsOAH withdrew its order to show cause and denied both sides' sanctions motions, finding Student's complaint not frivolous and no legal duty to warn a school before filing due process.
- Order Denying Cross-Motions for SanctionsOAH denied both Student's and District's cross-motions for sanctions because neither side showed bad faith or frivolous tactics, even though the filings were unnecessarily litigious.
- Order Following Order to Show Cause Hearing and Imposing SanctionsOAH sanctioned Student's attorney $1,552.50 for bad faith after she failed to notify OAH of a settlement or her non-appearance, so an ALJ and interpreter showed up for an expedited hearing.
- Order Granting Motion to Dismiss Issues Five and Six; Denying Motion for SanctionsOAH dismissed Student's Section 504 claims as outside its jurisdiction but refused to sanction Student, finding that raising them to exhaust administrative remedies was not frivolous or in bad faith.
- Order to Show Cause Why Costs Should Not Be Shifted to Parent, or Other Sanctions Imposed, Due to Repeated Unlawful Ex Parte CommunicationsOAH ordered Parent to show cause why OAH's costs should not be shifted to her, or other sanctions imposed, after she made three more ex parte contacts a day after being warned they were unlawful.
- Order Following Prehearing Conference; Denying District's Motion to Consolidate; Granting District's Motion for a Continuance; and Denying Student's Motion for SanctionsOAH denied Student's oral sanctions motion against District's counsel, finding no bad faith; District's reading of Student's emails was reasonable, and the emails were attached to District's motion.
- Order Granting Request for Reconsideration, Granting K12, Inc.'s Motion to Be Dismissed, and Denying the Motion for Cost-Shifting or SanctionsOAH dismissed K12, Inc. on reconsideration because new declarations showed it is a private curriculum vendor, not a public agency, but denied K12's cost-shifting request because Student opposed dismissal in good faith.
- Order Shifting Costs From the Office of Administrative Hearings to Attorneys for the PartiesOAH sanctioned both Student's and District's attorneys $1,552.50 each for bad-faith failure to notify OAH of an evening-before settlement, which sent the ALJ to an empty hearing site.
- Order Granting District's Motion to Shift CostsOAH ordered Student's attorney to pay District $925 after she refused repeated orders to number exhibits instead of lettering them, finding her tactics frivolous and in bad faith.
- Order to Show Cause Why Parties and Attorneys Should Not Be Ordered to Pay ExpensesOAH ordered both sides and their attorneys to show cause why they should not pay OAH's costs. They settled but never notified OAH, so an ALJ and interpreter showed up for the expedited hearing.
- Order Denying Student's May 3, 2018 Request for ContinuanceOAH denied Student's second continuance request for lack of good cause and warned Parent that repeatedly filing continuance requests to wear down OAH could lead to monetary sanctions.
- Order Granting Motion to Amend ComplaintOAH let Student amend her complaint over District's objection because she asked more than five days before hearing, and a two-month wait to add earlier FAPE claims was not bad faith.
- Order Disclosing Student's Ex Parte Communication to Etiwanda School District and Notice of No ActionOAH treated Parent's sanctions motion as a forbidden ex parte communication because it was not served on District's attorney, disclosed it to District, and took no action on it.
- Order Granting Request to Make Installment PaymentsOAH let an attorney pay $4,000 in shifted costs in installments, but rejected her proposed $150 monthly plan as unduly protracted and ordered four $1,000 payments every other month.
- Order Denying District's Motion to Dismiss and Request for SanctionsOAH denied District's ripeness-based motion to dismiss and its request for sanctions, ruling parents need not wait for a completed IEP offer to file and the complaint was not frivolous.
- Order Discharging Order to Show CauseOAH discharged an order to show cause against Student's attorney without sanctions after finding no intent to deceive in a continuance request based on Student's sudden illness.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause against Student's attorney for missing a scheduled mediation, finding the no-show was an inadvertent calendaring oversight for which he took full responsibility.
- Order to Show Cause Why Parties and Counsel Should Not Be Ordered to Pay ExpensesOAH ordered both sides and their attorneys to show cause why they should not pay OAH's costs, after they settled but failed to notify OAH before the judge traveled to the hearing.
- Order Denying Motion to Dismiss, Deferring Request for Bifurcation to the Prehearing Conference, and Denying Requests to Shift CostsOAH denied K12, Inc.'s motion to be dismissed as a party because whether it operated Student's charter school is a disputed fact for hearing, and denied both sides' cost-shifting requests for lack of bad faith.
- Order Shifting Costs From Attorney Nicole Hodge Amey to the Office of Administrative HearingsOAH sanctioned Student's attorney $4,000 for ignoring a known calendar conflict, failing to report a settlement, and missing a prehearing conference, wasting the ALJ's preparation time.
- Order to Show CauseOAH ordered Student's counsel to explain why she obtained a continuance claiming Parents were unavailable for Student's medical needs while committing to hearing dates in a related case during the same period.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's attorney to show cause why he should not pay OAH's mediation and travel costs after he missed a mediation he had agreed to, saying he forgot the date.
- Order Removing Attorney Work Product From Exhibit S-1OAH removed page 1 from Student's admitted Exhibit S-1 because it was Student's counsel's attorney work product, not part of the baseline data sheets, and warned counsel that future lapses could bring sanctions.
- Order Granting Student's Request for Dismissal; Denying Respondent SCOE's Motion to Dismiss; and Denying Respondent SCOE's Request for SanctionsOAH denied SCOE's request for sanctions against Student's attorney. Filing repeated complaints and sending hostile emails was frustrating, but it was not shown to be frivolous or in bad faith.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's attorney to show cause why he should not pay OAH's expenses after he skipped a jointly requested mediation, forcing the mediator to travel to District's office for nothing.
- Order Denying Cross-Motions for SanctionsOAH denied both sides' sanctions motions over Berkeley's complaint response. Unresolved facts blocked sanctions against Student's attorney, and his own misleading conduct at the prehearing conference defeated his cross-motion.
- Order Rejecting Complaints; Sealing the Record; and Enforcing Mediation ConfidentialityOAH rejected Student's second and third complaints because they disclosed a mediator's confidential statements from an earlier mediation. It sealed the record and denied the districts' sanctions request as moot.
- Order Following Telephonic Order to Show Cause for Sanctioning Student's Attorney's Failure to Timely File a Prehearing Conference StatementOAH declined to sanction Student's attorney for filing a prehearing conference statement minutes before the conference, after he promised to put procedures in place to prevent late filings.
- Order Following Prehearing Conference; and Setting Order to Show Cause Re SanctionsOAH set an order to show cause on sanctions against Student for not filing a prehearing conference statement, because neither the ALJ nor District had it at the conference.
- Order for Attorney Nicole Hodge Amey to Show Cause Why Expenses Should Not Be Shifted From Her to the Office of Administrative HearingsOAH ordered Student's attorney to show cause why OAH's wasted staff and judge time should not be shifted to her. She failed to report a settlement and a conflicting hearing before a prehearing conference.
- Order Following Prehearing Conference; Continuing Hearing and Prehearing Conference; Denying Motion to Dismiss; Denying Motion to Shift Fees; and Denying Motion to Shift the Burden of ProofOAH denied Student's request for $520 in fees against Riverside County Office of Education for not answering the complaint, ordered it to respond, and refused to dismiss it or shift the burden of proof.
- Order to Show Cause Regarding SanctionsOAH declined to sanction either side after an order to show cause over missed prehearing filings and delays, because it was both attorneys' first offense and they promised to follow OAH deadlines.
- Order Granting District's Motion to Dismiss Claims Covered by a Settlement Agreement; and Denying District's Motion for SanctionsOAH dismissed Student's claims through June 29, 2017 because a prior settlement released them, but denied District's unopposed sanctions request against Student's attorney, warning of possible future sanctions.
2017
- Order Following Prehearing Conference and Granting Antioch's Request for Continuance and Setting Prehearing Conference and Due Process Hearing; Denying Antioch's Motion to Dismiss and Motion to Bifurcate Issue of Residency; Denying Student's Motion in Limine; and Granting Student's and Antioch's Motions to QuashOAH denied Antioch's sanctions request and its motions to dismiss time-barred claims and to bifurcate residency, ruling Antioch waived a residency defense by omitting it from its response to Student's complaint.
- Order Denying Motion for SanctionsOAH denied Vacaville's request to sanction Student's counsel for late motions and withdrawing on the eve of hearing, finding no proof of bad faith, frivolous tactics, or conduct meant only to delay.
- Order Following Prehearing Conference; Continuance of Prehearing Conference and Hearing Granted; Mediation Date Set; January 19, 2018 Order to Show Cause Re SanctionsOAH granted a first continuance so the parties could mediate, but set an order to show cause on sanctions because neither side timely filed the continuance request or prehearing conference statements, and District was late joining.
- Order Denying Student's Request to Compel District's Response; to Continue; to Shift CostsOAH denied Student's motion to compel a response, continue the hearing, and shift costs because District had already responded to the complaint as OAH's earlier order allowed and later filed a supplemental response.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's attorney to show cause why he should not pay OAH's mediation and travel costs after he and Parent failed to appear at an agreed mediation date.
- Order Granting Dehesa School District's Motion to Be Dismissed as a Party, Denying Without Prejudice Student's Motion to Amend the Complaint, and Denying Dehesa's Motion for SanctionsOAH denied Dehesa's sanctions motion against Student and dismissed Dehesa because the charter school it authorized was its own LEA. Naming the authorizer was reasonable, and Student had sent a courtesy copy.
- Order Denying Student's Motion to Compel a ResponseOAH denied Student's motion to compel Alameda to respond to the complaint as moot, and denied cost-shifting, because Alameda served its response within five business days of the motion.
- Order to Show Why Costs Should Not Be Shifted; Why Student's Complaint Should Not Be Dismissed; and Setting HearingOAH ordered Student to show cause why the case should not be dismissed and costs shifted after Student's attorney failed to appear at a continued prehearing conference while settlement was pending.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause over a canceled mediation because both attorneys took responsibility for inadvertently failing to tell OAH the case had settled, but admonished them to calendar better.
- Order Denying Motions to Shift Costs and for SanctionsOAH denied Student's request for sanctions and cost-shifting against Liberty over its failed motion to dismiss and reconsideration motion, because Student showed no facts proving an improper purpose.
- Order Granting Request for Reconsideration of Motion to Strike and Granting Leave to Bring Motion for SanctionsOAH granted Student's reconsideration request, struck portions of District's declarations and motion as irrelevant, and gave Student's counsel leave to bring a motion for sanctions over that content.
- Order Continuing Order to Show Cause HearingOAH continued to November 13, 2017 the hearing on an order to show cause against Hollister's special education director for missing a prehearing conference, after no sworn response was filed.
- Order After Due Process Hearing, Granting Continuance of Mediation, Prehearing Conference, and Due Process Hearing, and Order to Show Cause as to Why District Should Not Be Ordered to Pay Costs for Failing to Appear for Prehearing ConferenceOAH ordered Hollister to show cause why it should not pay OAH's costs after its special education director missed the prehearing conference despite repeated calls, and granted Mother's continuance request.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause against Student's counsel over a missed mediation because counsel took full responsibility and the miss was an inadvertent calendaring error.
- Order Granting in Part and Denying in Part Student's Motion to Shift CostsOAH ordered District to pay Student $1,320 in attorney's fees because Student's motion to compel was what prompted District to respond to his due process complaint, as M.C. v. Antelope Valley requires.
- Order Denying Motion for SanctionsOAH denied Student's sanctions motion over District's failure to provide stay put transportation. District was following the settlement's backup terms by seeking a provider and offering mileage reimbursement, which is not bad faith.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's attorney to show cause why she should not pay OAH's mediation and travel costs after she missed a confirmed mediation by confusing the date.
- Amended Order to Show Cause re: Failure to Appear at Prehearing ConferenceOAH ordered Student to show cause why the case should not be dismissed, and why prehearing conference costs should not be shifted, after Student's attorney failed to appear or file a prehearing statement.
- Order to Show Cause Re: Failure to Appear at Prehearing ConferenceOAH ordered Student to show cause why the case should not be dismissed and costs shifted after Student's attorney failed to appear at the prehearing conference or file a prehearing conference statement.
- Order Denying Motion to Shift Costs and for Sanctions; Partially Granting Motion to Strike; Striking Student's Exhibit "D"; Prohibiting Filing of Exhibit "E"; and Denying Request to Set Order to Show CauseOAH denied Student's $213,779 cost-shifting and sanctions request over withheld behavior records, finding no bad faith and that Oakland lawfully filed its expedited case; Student's chart exhibit was struck.
- Dismissal of Order to Show CauseOAH dismissed its order to show cause against Student's attorney for missing a prehearing conference, finding a family emergency explained the absence and it was not meant to delay the case.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause against Student's advocate over a canceled mediation, finding her failure to notify OAH was an inadvertent oversight.
- Order Directing Counsel for Los Altos School District to Appear at Telephonic Hearing on Order to Show CauseOAH required Los Altos School District's counsel to attend the telephonic order to show cause hearing against Student's counsel, finding both sides' attorneys necessary to properly conduct that hearing.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause and imposed no mediation-cancellation costs after the parties settled late in the evening and the District canceled the next morning, but OAH warned parties to call its after-hours settlement line.
- Order to Show Cause Why Student's Complaint Should Not Be Dismissed, Continuing Prehearing Conference and Tentatively Granting District's Request for ContinuanceOAH ordered Student to show cause why the case should not be dismissed after Student's attorney failed to appear at the prehearing conference despite three calls and voicemails.
- Order to Show Cause Why Los Angeles Unified School District Should Not Be Ordered to Pay ExpensesOAH ordered Los Angeles Unified to show cause why it should not pay OAH's mediation costs after its representative canceled a mediation with Student's counsel but never told OAH.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student to show cause why Student's advocate should not pay OAH's mediation and travel costs after she asked the District, not OAH, for a continuance and the mediation went forward without Student.
- Order Following Order to Show Cause Hearing and Vacating Order to Show CauseOAH vacated its order to show cause and shifted no costs. Student's attorney amended the complaint mainly to delay the hearing, but the amendment added a real claim, so the conduct was not solely for delay.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's counsel to show cause why she should not pay OAH's mediator travel costs. She canceled a mediation by emailing the District but never told OAH, so the mediator traveled for nothing.
- Order Discharging Order to Show Cause and Continuing Prehearing Conference and HearingOAH discharged an order to show cause against Student's attorney for missing a prehearing conference after she showed her answering service was closed and fixed the problem.
- Order to Show Cause Why Costs Should Not Be Shifted and Matter Dismissed for Failure to Appear at Status Conference and Setting Hearing for Order to Show CauseOAH ordered Student's attorney to show cause why costs should not be shifted and the case dismissed after she failed to appear at a status conference following a pending settlement.
- Order to Show Cause Why Costs Should Not Be Shifted and Matter Dismissed for Failing to Appear at Status Conference, Setting OSC Hearing and Continuing Status ConferenceOAH ordered Student's attorney to show cause why costs should not be shifted and the case dismissed after she failed to appear at a status conference set to track a pending settlement.
- Order to Show Cause as to Why Student's Attorney Should Not Be Ordered to Pay Costs for Failing to Appear for Prehearing Conference and/or Why Student's Complaint Should Not Be Dismissed, and Continuing Prehearing ConferenceOAH ordered Student's attorney to explain why she should not pay costs, or have the complaint dismissed, after she failed to appear at the prehearing conference and could not be reached.
- Order for Supplemental Briefing on Student's Motion to Compel Response and Shift CostsOAH held off ruling on Student's motion to compel District to respond to the complaint and shift costs, and ordered more briefing after District raised new arguments at the prehearing conference.
- Order Following Prehearing Conference, Granting Motion to Amend Complaint, and Setting Order to Show Cause Re CostsOAH granted Student's unopposed motion to amend and ordered both parties' attorneys to show cause why they should not pay OAH's costs for failing to file prehearing conference statements or communicate about the case.
- Order Denying Student's Requests to: (1) Compel Observation; (2) Compel Production of IEP Recordings; and (3) Grant Evidentiary or Monetary Sanctions; and Granting Student's Request to Continue All DatesOAH denied Student's request for $17,200 in sanctions against Oakland because its late production of records came from a mistaken belief, not bad faith, but continued the hearing to September.
- Order Denying District's Motion for SanctionsOAH denied Oakland's motion to sanction Student's counsel over unannounced independent assessor observations, finding no proof of frivolous bad-faith conduct and no itemized expenses.
- Order Following Prehearing Conference and Continuing Prehearing Conference and Due Process Hearing DatesOAH granted the District's motion to continue because Student's attorney had lost her office and was unavailable, and warned her that further missed filings or appearances could lead to cost-shifting.
- Order on Motion to Compel and Granting Motion to Shift CostsOAH granted Student's motion to shift costs against Sacramento City for bad-faith delay and disorganized production of Student's records, but required a more detailed fee declaration before setting the amount.
- Order Denying Student's Motion for SanctionsOAH denied Student's $65,403.16 sanctions motion against Tracy, finding no proof that Tracy withheld report cards or acted in bad faith, despite Tracy's late production of test protocols.
- Order Denying District's Motion for SanctionsOAH denied Tracy's sanctions motion against Student's counsel because Student's repeated records motions were justified: Tracy had wrongly withheld test protocols and produced records piecemeal.
- Order Following Prehearing Conference; Order Dismissing Complaint; Order Denying SanctionsOAH denied Student's request for sanctions against District for filing, then late-withdrawing, an assessment complaint, finding District filed without consent in good faith and reasonably waited to gauge Parents' cooperation.
- Order Granting in Part and Denying in Part Motion to DismissOAH dismissed Student's ADA, Section 504, and Unruh Act claims for lack of jurisdiction, but kept the IDEA claim against Kern County and denied Student's $1,200 sanctions request.
- Order Denying Motion to Amend Complaint; Order to Show Cause SanctionsOAH denied Student's last-minute motion to amend as untimely and ordered Student's counsel to show cause why counsel should not pay OAH's costs, finding the motion looked like a disguised continuance request.
- Order Denying Student's Motion to Compel as Moot, and Denying Request for SanctionsOAH denied Student's request for sanctions over District's late response to the due process complaint because Student showed no prejudice; the motion to compel was moot since District had responded.
- Order Following Prehearing Conference, Continuing Prehearing Conference and Due Process Hearing, and Setting New Mediation DateOAH granted San Juan's motion to continue the hearing because interpreter problems had prevented mediation, and warned Student's attorney that further missed appearances could lead to sanctions or dismissal.
- Discharge of Order to Show Cause and Order Following Prehearing Conference and Continuing Prehearing Conference and HearingOAH discharged an order to show cause and imposed no sanctions on Student's attorney for missing a prehearing conference, because she was hospitalized after surgery complications. OAH also granted an unopposed continuance.
- Order Granting Motion to Quash Subpoenas Duces Tecum and Denying Motions for SanctionsOAH quashed the District's three subpoenas for Student's private school and Utah treatment records as improper prehearing discovery without a showing of reasonable necessity, and denied both sides' sanctions requests.
- Order to Show Cause Why Matter Should Not Be Dismissed and Why Costs Should Not Be Shifted for Failure to Appear at the Prehearing Conference; and Order Continuing the Prehearing ConferenceOAH ordered Student's attorney to show cause why the case should not be dismissed and costs shifted after she failed to appear at the prehearing conference and could not be reached by phone.
- Order Denying Student's Motion to Sanction District, Shift Costs or Order a Response FiledOAH denied Student's request for $18,226.25 in sanctions against Tracy Unified because Student showed no bad faith, frivolous tactics, prejudice, or specific expenses caused by District's conduct.
- Order Following Prehearing ConferenceOAH continued the prehearing conference after Student's attorney failed to appear or file a notice of settlement, and warned that further noncompliance would bring an order to show cause on dismissal and sanctions.
- Order Denying Motion to Compel Response to Amended Complaint and to Postpone Hearing as Moot; and Order Denying Request to Shift CostOAH denied Student's request to make Sacramento City pay the costs of delay. Student did not show any costs. The motion to compel a response and to postpone the hearing was moot once the district responded.
- Order Granting Motion to Compel Production of Student Records and Denying Motion for SanctionsOAH ordered District to search for and produce Student's missing records, including test protocols, with a sworn employee declaration, but denied sanctions because District's failures showed incompetence rather than bad faith.
- Order Following Prehearing Conference, Continuing All Dates, and Setting Prehearing Conference and Hearing DatesOAH continued all dates and ordered briefing on whether Sacramento City must answer Student's amended complaint and bear delay costs, citing the Ninth Circuit's M.C. v. Antelope Valley decision.
- Order Directing Respondent Pasadena Unified School District to File Response to Due Process ComplaintOAH ordered Pasadena Unified to file its overdue response to Student's due process complaint, warning that the District will pay any costs to Student caused by a resulting hearing delay.
- Order Granting Motion to Amend Complaint and Denying Respondent's Motion for SanctionsOAH let Student amend his complaint and denied the districts' sanctions request. Parents could back out of the settlement because Berkeley's school board had not yet ratified it when they rescinded.
- Order Denying Respondent's Motion to Deny Petitioner's Motion to Dismiss and Attorney's FeesOAH let the district and charter school withdraw their due process complaint without prejudice and denied Student's fee request, because the hearing had not started and no bad faith was shown.
- Order Denying District's Motion for Monetary SanctionsOAH denied Morgan Hill's sanctions motion against Student's counsel for dismissing and refiling an expedited complaint, finding counsel acted diligently and in good faith after receiving new disciplinary records.
- Order Withdrawing Order to Show Cause; Denying Motion to Dismiss; and Denying Motion for SanctionsOAH vacated its order to show cause and denied Newark's motions to dismiss and for sanctions after Student's attorney missed two prehearing conferences, finding her absences negligent, not bad faith.
- Order Following Prehearing Conference; Setting Hearing to Address Order to Show Cause Hearing as to Why This Matter Should Not Be Dismissed, Motion for Sanctions, and Motion to Dismiss, Granting Motion to Continue; and Setting Mediation, Prehearing Conference, and Due Process Hearing DatesOAH set an order to show cause hearing on dismissal and sanctions after Student's attorney twice failed to appear at the prehearing conference, and granted Newark's request to continue the hearing.
- Order Following Prehearing Conference; Denying Challenge for Cause; Discharging Order to Show Cause; and Denying Motion to DismissOAH discharged its order to show cause without dismissal or expenses, denied Student's challenge for cause for lack of actual bias, and denied the District's motion to dismiss for failure to prosecute.
- Order Following Prehearing Conference; Setting Order to Show Cause Hearing as to Why This Matter Should Not Be Dismissed and Why Student's Attorney Should Not Be Ordered to Pay Expenses; and Continuing Prehearing Conference OnlyOAH ordered Student's attorney to show cause why the case should not be dismissed and why he should not pay OAH's expenses after he filed no prehearing statement and missed the prehearing conference.
- Order Denying Without Prejudice Student's Claims for Relief; Denying Request for Documents; and Denying Request for SanctionsOAH denied a self-represented Parent's requests for sanctions, early production of exam records, and a stop-destruction order, and denied Student's own claims for relief in District's assessment case without prejudice.
2016
- Order Denying Request for Attorneys' FeesOAH denied Student's request for attorneys' fees as a sanction against District for withdrawing its complaint, finding District's lack of diligence did not amount to bad faith or frivolous tactics.
- Order Denying Delano Union's Motion to Dismiss and Request for SanctionsOAH denied Delano Union's motion to dismiss and its sanctions request because both attacked the merits, and whether residency ends the District's duty to offer a FAPE requires findings at hearing.
- Notice of Restated Issues Agreed to by the Parties on the First Date of Hearing; Notice of Continued Hearing Dates; and Order of Filing of ADA ComplianceOAH denied District's motions to exclude Student's late-served evidence and to shift expenses. Instead it continued the hearing so District had extra days to review Student's documents.
- Order Denying Motion to Compel Production of Videotape; Denying Motion for SanctionsOAH denied Student's motion to compel a school bus videotape as moot and denied sanctions, finding District's delay to redact images of other pupils was reasonable and did not delay the case.
- Order Following Prehearing Conference; Order Granting District's Motion to Dismiss; Order Denying District's Request for SanctionsOAH dismissed Student's transportation complaint because it sought to enforce a prior settlement agreement, which OAH cannot hear, but denied District's sanctions request because self-represented Parent acted in good faith.
- Order Following Order to Show Cause Hearing, Vacating Order to Show Cause and Setting Due Process Hearing DatesOAH vacated its order to show cause and shifted no hearing costs. Neither side had told the first judge that evidence would require her recusal, but OAH found that did not justify cost-shifting.
- Order Vacating Hearing Dates, Setting Status Conference and Setting Order to Show CauseOAH vacated all hearing dates and ordered both sides to show cause why they should not pay OAH's costs, because neither revealed that the hearing judge's husband's employer had represented Student.
- Order Dismissing Order to Show Cause and Vacating HearingOAH dismissed its order to show cause on shifting expenses to both sides' attorneys for failing to cancel mediation, finding they tried to cancel and did not intentionally fail to appear.
- Order Denying Student's Request for Official Notice; Denying Districts' Motion to Strike; Denying Student's Motion for SanctionsOAH denied Student's sanctions request, Student's request to officially notice a federal Section 504 ADHD press release, and Districts' motion to strike remedy requests from Student's closing brief.
- Order to Show Cause Why Expenses Should Not Be Shifted From the Office of Administrative HearingsOAH ordered both parties' attorneys to show cause why they should not pay OAH's mediator and travel costs after neither appeared at, nor cancelled, a scheduled mediation the mediator traveled over 100 miles to attend.
- Order Dismissing Order to Show CauseOAH dismissed an order to show cause about making District and Student's counsel pay mediation costs, finding their failure to tell OAH about a changed start time negligent but not intentional.
- Order Denying Parties' Reciprocal Motions for SanctionsOAH denied both sides' sanctions motions, finding District's attorney changes and continuance request were neither frivolous nor in bad faith, and Student's sanctions motion was not harassing or meritless.
- Order Dismissing Order to Show CauseOAH dismissed its order to show cause and imposed no expenses on any party, finding the missed mediation resulted from unclear communication, not an intent to delay or waste resources.
- Corrected Order to Show CauseOAH issued a corrected order to show cause why both District and Student should not be ordered to pay expenses, fixing a typo so the telephonic hearing date reads August 5, 2016.
- Order Dismissing Order to Show CauseOAH dismissed its order to show cause and imposed no expenses after finding both parties missed a scheduled mediation because of unclear communication, not to cause delay or waste resources.
- Order to Show Cause Why Parties Should Not Be Ordered to Pay ExpensesOAH ordered both District and Student to show cause why they should not pay OAH's mediator and travel costs, because they moved the mediation start time without OAH's approval and the mediation never happened.
- Order Following Prehearing Conference and (1) Setting Continued Mediation, Prehearing Conference and Due Process Hearing Dates, and (2) Continuing Order to Show CauseOAH continued the due process hearing to September 27, 2016 at all parties' joint request, set mediation and a continued prehearing conference, and moved the order to show cause on OAH expenses to August 3, 2016.
- Order Following Order to Show Cause; Granting Continued Mediation DateOAH set aside an order to show cause and imposed no costs on Los Angeles Unified for failing to tell OAH a mediation was canceled, after District explained the oversight was inadvertent and promised prompt notice in future.
- Order to Show Cause Why the Parties Should Not Be Ordered to Pay OAH ExpensesOAH ordered all parties to show cause why they should not pay OAH's expenses after a scheduled mediation was cancelled without notice and no one appeared.
- Order Setting Aside Order to Show CauseOAH set aside its order to show cause against Student's counsel over a late-canceled mediation, finding she reasonably believed District would notify OAH of the settlement in time.
- Order to Show Cause Why Los Angeles Unified School District Should Not Be Ordered to Pay ExpensesOAH ordered Los Angeles Unified to show cause why it should not pay OAH's mediation and travel costs after it canceled a mediation with Student but never told OAH.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's counsel to show cause why counsel should not pay OAH's mediation and travel costs after canceling mediation with the District but never notifying OAH, so the mediator traveled for nothing.
- Order Shifting Costs From Elk Grove Unified School District to James D. Peters, III, Declining to Shift Costs From Office of Administrative Hearings and Declining to Certify the Facts to Sacramento Superior Court Regarding ContemptOAH ordered Parent's advocate James Peters to pay Elk Grove $1,275.22 for bad-faith ex parte emails and faxes to the ALJ's supervisor seeking intervention in a pending reconsideration motion, but declined contempt certification.
- Order Granting Request for Reconsideration and Denying Motion to ContinueOAH granted James Peters' timely reconsideration request but again refused to continue the June 24, 2016 order to show cause hearing, because being out of town does not prevent joining a telephonic hearing.
- Order Denying Request for Continuance of Order to Show Cause HearingOAH denied Student's representative a further continuance of an order to show cause hearing on cost-shifting or contempt over an ex parte communication. He showed no legal authority, no effort to hire counsel, and no actual date conflict.
- Order to Show Cause Why Expenses Should Not Be Shifted From Elk Grove Unified School District and the Office of Administrative Hearings and Why Facts Should Not Be Certified to Sacramento Superior Court Regarding ContemptOAH ordered Student's advocate to show cause why he should not pay expenses and face contempt certification after he sent improper ex parte communications to a supervising judge about a pending motion.
- Certification of Facts Re: ContemptOAH certified facts for contempt against Student's independent evaluator, Dr. Perry Passaro, for willfully failing without justification to fully comply with Districts' properly served subpoena for his records.
- Order for Further InformationOAH required Districts to file a declaration showing how and when an independent assessor was served before it would consider certifying his failure to obey a subpoena for contempt.
- Order Denying Request for SanctionsOAH denied four respondents' sanctions request against Student's attorney for backing out of an alleged settlement, because confidential settlement talks are not sanctionable 'actions or tactics' and no bad faith was shown.
- Notice of No Action Regarding Student's Motion to Dismiss and Motion for SanctionsOAH took no action on Student's motions to dismiss and for sanctions because Acalanes withdrew its due process case before responding, which ended OAH's jurisdiction over the motions.
- Order Vacating Order to Show CauseOAH vacated an order to show cause against Student's attorney for missing a prehearing conference, accepting her calendaring-error explanation but warning that a repeat could lead to cost-shifting.
- Order Denying District's Motion for SanctionsOAH denied District's request for $58,891.60 in sanctions, ruling that Student's res judicata-barred expedited claims were not frivolous or in bad faith because the law in this area is complicated and unsettled.
- Order Granting Motion to Strike Supplemental EvidenceOAH struck an IEP meeting notice District attached to its closing brief because the notice was irrelevant and created after the hearing, but denied Student's sanctions request because Student did not show bad faith.
- Order Shifting Costs From Office of Administrative Hearings and Student to Sacramento City Unified School District and Declining to Certify the Facts to Sacramento Superior Court Regarding ContemptOAH ordered Sacramento City to pay OAH $9,656 and Parent $68.40 because its SELPA director's mid-hearing email to the presiding judge's supervisor was a bad-faith ex parte communication that forced the hearing to restart.
- Order Denying Motion to Dismiss and Denying Request for SanctionsOAH denied District's motion to dismiss for Parent's missed resolution session because one returned certified letter was not a reasonable effort. It also denied Student's unsupported sanctions request over routine scheduling disputes.
- Order Denying Motion to Dismiss and Extending Due Process TimelinesOAH denied Oakland's resolution-session dismissal motion and Student's sanctions request. Both sides were at fault in a dispute over who attends the resolution session, so OAH ordered a session within 15 days.
2015
- Order Vacating Order to Show Cause and Denying Joint Request for Second Continuance of PHCOAH vacated its order to show cause against Student's attorney for missing a prehearing conference but warned that she may face sanctions if she again fails to appear without a written continuance order.
- Order Denying Motion for SanctionsOAH denied Sacramento City's request for sanctions and fee shifting against Student's father because the record did not show a deliberate falsehood, bad faith, or a frivolous action.
- Order Vacating Order to Show CauseOAH vacated its order to show cause after Student's attorney explained a calendaring error caused her to miss the prehearing conference, but warned that a repeat could lead to sanctions.
- Order Denying Request for SanctionsOAH denied District's sanctions request because Student's opposition to the motion to dismiss raised non-frivolous arguments, even though Student should have known the complaint was faxed after 5:00 p.m.
- Order Denying District's Motion to Dismiss and Denying Student's Motion for SanctionsOAH denied Tehachapi's motion to dismiss because its settlement offer had unmet contingencies, and denied Student's sanctions request because Student's counsel's brief acceptance letter made the district's motion reasonable.
- Order Dismissing Expedited Portion of Case and Order to Show Cause for Failure to Appear and Why Student's Attorney and District's Attorney Should Not Be Ordered to Pay Costs Associated With the Prehearing ConferenceOAH dismissed Student's expedited issues after Student's attorney missed two prehearing conference calls. It also ordered both sides' attorneys to explain the absences and why they should not pay OAH's costs.
- Order Following Prehearing Conference; Continuing Hearing Dates; and Discharging and Vacating Order to Show CauseOAH discharged its order to show cause against Student's counsel after she explained in time why she missed the first prehearing conference, briefly continued the hearing, and overruled District's objections to the time periods in the issues.
- Order Denying Motion to Exclude DocumentsOAH denied District's motion to exclude all of Student's documents served one day late, finding exclusion too severe a sanction for a non-willful delay that caused little prejudice.
- Order to Show Cause Why Case Should Not Be Dismissed, Why Student's Counsel Should Not Be Ordered to Pay Expenses; and Continuing Prehearing Conference OnlyOAH ordered Student's counsel to show cause why the case should not be dismissed and why she should not pay OAH's expenses after she missed the prehearing conference and filed no PHC statement.
- Order Denying District's Motion to Shift ExpensesOAH denied District's motion to shift expenses because Student's late request for, and later withdrawal of, independent evaluations was not made in bad faith or to cause delay.
- Order of Dismissal With Prejudice and Denying Student's Motion for Fee Shifting ExpensesOAH denied Student's request for fees and expenses because District did not act in bad faith and OAH cannot award prevailing-party fees. It dismissed District's mid-hearing withdrawal with prejudice.
- Order Following Prehearing ConferenceOAH denied District's requests to exclude all of Student's documents and to shift expenses over a late, sloppy evidence binder, finding Student substantially complied and the errors showed inexperience, not bad faith.
- Order Granting in Part and Denying in Part District's Motion to Limit Issues and Motion to Strike Issues and Proposed ResolutionsOAH limited Student's claims to the two years before filing, finding a family death and the district's late assessment did not toll the deadline; kept the fabrication claim but struck the fraud-sanction remedy.
- Order Granting Request for ReconsiderationOAH granted Student's third reconsideration request and continued the hearing to March 3, 2015, because counsel's newly disclosed, mis-calendared court conflict was a new fact, despite the last-minute, piecemeal filing.
- Order Denying Second Request for Reconsideration of December 10, 2014 Sanctions OrderOAH denied Student's attorney's second request to reconsider a cost sanctions order against her because she offered no new facts, circumstances, or law, only an embellished version of facts she already knew.
- Order Withdrawing Order to Show Cause; and Order Denying Motion for SanctionOAH withdrew its order to show cause and denied District's sanctions request because Student's attorney eventually proved her reasons for a continuance, and the late filing was not bad faith or frivolous.
- Order Denying Request for Reconsideration of Sanctions OrderOAH denied Student's attorney's request to reconsider a cost sanctions order against her because she offered no new facts, circumstances, or law, only expanded arguments she had already made.
2014
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's attorney to show cause why she should not pay OAH's costs, including travel, after she failed to provide required proof supporting her granted request to continue an expedited hearing.
- Order Granting Request for Continuance of Expedited HearingOAH granted Student's opposed request to continue the expedited hearing to January 6, 2015, after counsel showed good cause through a family death. Counsel must submit proof or risk sanctions.
- Final Order Granting Motion for Sanctions Against Student's AttorneyOAH sanctioned Student's attorney $1,793.50 for pursuing a frivolous expedited discipline claim without reviewing records, then dismissing it the afternoon before hearing after Panama had prepared.
- Order Requesting Additional Information Regarding Panama-Buena Vista's Request for SanctionsOAH deferred ruling on Panama-Buena Vista's sanctions motion against Student's attorney and ordered the District to file an itemized billing statement, because its declaration gave only a total fee amount.
- Order Denying District's Motion to Dismiss and Order Denying Student's Request for Monetary SanctionsOAH denied District's motion to dismiss because Parent joined the resolution session by phone, and denied Student's sanctions request because the advocate's ambiguous role made District's motion not frivolous or in bad faith.
- Order Denying District's Request for Monetary SanctionsOAH denied District's request for sanctions against Student for a frivolous complaint and for counsel's late arrival, finding the case not devoid of merit and the under-an-hour delay excused.
- Order Denying Motion for SanctionsOAH denied Student's sanctions motion against Oakland, finding its motions were not frivolous or in bad faith and that a notice of unavailability has no legal effect on OAH deadlines.
- Order Following Prehearing Conference Cancelling Mediation, Continuing Prehearing Conference, and Setting an Order to Show CauseOAH ordered both sides to show cause why Student's case should not be dismissed and why they should not pay OAH's costs, after neither filed prehearing statements and Student's counsel missed the prehearing conference.
- Order Dismissing Order to Show CauseOAH dismissed its order to show cause against Newport-Mesa, finding the special education director's false claim of a hearing-date conflict was an unintentional error, not bad faith, so no sanctions were warranted.
- Order Granting Motion to Shift Expenses and Denying Motion to Award Monetary SanctionsOAH ordered Student's law firm and two attorneys to pay Magnolia $4,817.50 after finding their misleading, frivolous continuance and reconsideration motions and false statements were bad-faith tactics to delay the hearing.
- Order to Show Cause Why Party or Its Attorney Should Not Be Sanctioned or Ordered to Pay CostsOAH ordered Newport-Mesa and its attorney to show cause why they should not be sanctioned for a reconsideration request falsely claiming a conflicting hearing that had already been continued.
- Order Denying Request for Reconsideration; Granting Request for Continuance and Setting Mediation, Prehearing Conference and Due Process HearingOAH denied both parties' reconsideration requests because neither offered new facts. It granted Student's renewed continuance and said Newport-Mesa would face a sanctions order to show cause for claiming a scheduling conflict that no longer existed.
- Corrected Order Following Prehearing Conference, Denying Request for Continuance and Continuing Prehearing ConferenceOAH denied Student's request to continue the hearing for lack of good cause, continued only the prehearing conference, and warned of a sanctions hearing against Student's counsel if no PHC statement was filed.
- Order Denying "Request to Remove Attorney" and Denying Request for Reconsideration of Order Granting District's Motion to AmendOAH denied Student's request to remove District's attorney and law firm, and to undo District's amendment, because removal is not an available sanction and no material omission, false statement, or bad faith was shown.
- Order Denying Sanctions; Vacating Order to Show Cause Why Party Should Not Be Ordered to Pay ExpensesOAH declined to sanction Fallbrook or its counsel for missing a prehearing conference because a staff calendaring error caused the absence, the lapse was atypical, and Student showed no prejudice.
- Order to Show Cause Why Party Should Not Be Ordered to Pay ExpensesOAH ordered Fallbrook to show cause why it or its counsel should not pay OAH's costs after its attorney failed to appear at a prehearing conference without explanation.
- Order Granting Request for Reconsideration, Granting Continuance and Setting Mediation, Prehearing Conference and Due Process HearingOAH reconsidered its denial and granted a continuance because Student's critical expert was unavailable, but sharply criticized Student's counsel for hiding that reason and warned that further delays could bring cost-shifting.
- Order Denying Student's Motion to Compel and for SanctionsOAH denied Student's motion to compel records and for sanctions because District had since produced the records and any delay appeared to stem from a misunderstanding, not bad faith.
- Order Denying Student's Motion to Shift CostsOAH denied Student's motion to shift costs after District's attorney cancelled a hearing day because of illness. She acted promptly to notify everyone, and there was no bad faith or frivolous conduct.
2013
- Order Denying Cross Motions for SanctionsOAH denied both sides' sanctions motions because neither the District nor Student's attorney showed bad faith actions or tactics that were frivolous or meant solely to cause unnecessary delay.
- Order: (1) Denying District's Motion to Dismiss and (2) Denying Student's Motion for SanctionsOAH denied Student's sanctions request because District's failed motion to dismiss reflected a reasonable legal error, not a frivolous or bad-faith tactic. It also denied District's motion to dismiss as premature, outside settlement-enforcement limits, and improper summary judgment.
- Order to Show Cause Why Parties Should Not Be Ordered to Pay ExpensesOAH ordered both parties to show cause why they should not pay OAH's wasted mediator and interpreter costs after they canceled one mediation without telling OAH and disrupted a second.
- Order Denying District's Motion to Shift Expenses and Dismissing Complaint in OAH Case No. 2013100280OAH denied District's request for $1,905 in attorney fees over Student's third insufficient complaint, finding District did not prove the complaint was totally without merit or filed to harass.
- Order Granting Motion to Dismiss and Denying Motion to Shift CostsOAH dismissed Student's complaint without prejudice because Parent never took part in a resolution session despite District's documented efforts, but denied cost-shifting for lack of evidence of bad faith.
- Order Denying District's Motion for SanctionsOAH denied the District's sanctions motion because Student's amended complaint, filed with OAH's permission to raise a new theory avoiding the statute of limitations, was neither frivolous nor filed in bad faith or for delay.
- Order Following Prehearing Conference Continuing Prehearing Conference OnlyOAH briefly continued the prehearing conference after Student's attorney twice failed to file a required prehearing statement, and warned that further noncompliance could lead to an order to show cause regarding sanctions.
- Order Following Order to Show Cause HearingOAH dismissed an order to show cause against Student's advocate for missing a prehearing conference, accepting that faulty rural cell service caused the absence, but warned him future violations could bring sanctions.
- Order to Show Cause as to Why Student Should Not Pay Expenses for Failure to Appear at the Prehearing Conference; and Setting Prehearing Conference and Due Process HearingOAH ordered Student's advocate to show cause why he should not pay OAH's costs after he failed to answer repeated calls and missed the telephonic prehearing conference, and continued the hearing.
- Order Denying Motion for SanctionsOAH denied Student's request to sanction the County for allegedly failing to serve filings, finding no evidence of bad faith or ex parte contact. OAH also criticized Student's counsel for altering a jointly signed continuance request.
- Order Resolving Order to Show Cause, Following Prehearing Conference, Granting Bifurcation, and Granting Partial ContinuanceOAH resolved an order to show cause without sanctions or dismissal after Student hired counsel and showed intent to proceed. It split the case into separate hearings per district and granted limited continuances over district objections.
- Order Denying Request for Continuance and Order to Show CauseOAH denied Student's fourth continuance request and ordered Student to show cause why the case should not be dismissed for failing to file a court-ordered prehearing conference statement.
- Order Denying Motion for SanctionsOAH denied Student's sanctions motion over the District's late disclosure of a 2012 assessment and IEP, finding Student was prejudiced but showed no bad faith, since confusion is not bad faith.
- Order Denying Motion for SanctionsOAH denied Student's sanctions motion against Torrance Unified because Student did not show bad faith in the District's insufficiency notice or its resistance to an IEE observation, but ordered the observation scheduled promptly.
- Order Denying Student's Objection and Motion to Strike and Motion for SanctionsOAH denied Student's motion to strike the District's notice of insufficiency and Student's request for sanctions, because OAH had already found Student's complaint insufficient, so the District's filing was not frivolous.
- Order Discharging Order to Show Cause and Dismissing CaseOAH discharged its order to show cause without sanctions after both attorneys accepted responsibility for missing the prehearing conference filing and appearance rules, then dismissed the case at Student's request.
- Order to Show Cause as to Why Sanctions Should Not Be Initiated and Counsel Ordered to Pay ExpensesOAH ordered both sides' attorneys to show cause why they should not pay OAH's costs. Neither filed a prehearing conference statement or timely sought a continuance, and Student's counsel appeared about 40 minutes late.
- Order Following Prehearing Conference and Granting Request for Continuance of Prehearing Conference OnlyOAH continued the prehearing conference three days after Student's counsel failed to appear, and warned it may issue an order to show cause requiring Student to pay OAH's costs.
- Order Denying Motion for Attorneys FeesOAH denied District's request for attorney's fees and prevailing-party status against a self-represented Parent, finding her many filings showed disorganized zeal, not bad faith or an improper purpose.
- Order Denying Motion for SanctionsOAH denied the Districts' sanctions motion against a 19-year-old Student for late service, unanswered questions, and offensive filings, finding no proof of bad faith, but warned him against further such conduct.
- Order Denying Motion for Finding of Bad Faith Tactics and Undue Delay of Proceedings and Denying Cross Motion for SanctionsOAH denied District's request for a bad-faith finding because it did not seek sanctions, and denied Student's cross motion for sanctions because District's motion was not frivolous or in bad faith.
- Order Denying Motion for Monetary SanctionsOAH denied the District's request for attorney's fees as sanctions. Student's late motion to amend was frivolous, and counsel improperly cited mediation talks, but the District did not show an improper purpose.
- Order Denying Student's Fourth Motion for Stay PutOAH denied Student's fourth stay put motion as repetitive and premature, warned Parents that further identical filings may draw sanctions, and declined to rule on the District's new stay put theory.
- Order Granting Request for Continuance and Setting Mediation, Prehearing Conference and Due Process HearingOAH granted a joint continuance because Parents need to attend the hearing and the parties want mediation, but warned both sides that repeating a false claim about mediator unavailability could bring sanctions.
- Order Denying Renewed Request for Continuance, Without PrejudiceOAH denied District's sanctions motion because there was no evidence of bad faith, and denied Mother's renewed continuance request without prejudice because the parties had not conferred on new hearing dates.
- Order Denying Student's Motions to Quash Subpoenas Duces Tecum as Moot and Granting Motion to Disclose Issued SubpoenasOAH ordered the District and SELPA to disclose every recipient of subpoenas for Student's records within 24 hours. They had served subpoenas for Student's medical records without notice to Parent, then withdrew them.
- Order Denying District's Motion for Monetary SanctionsOAH denied District's request for $1,773.75 in attorney's fees after Parent withdrew mid-hearing, finding a sudden family health emergency, not bad faith, caused the last-minute dismissal.
- Order Denying Request for ReconsiderationOAH denied California Children's Services' request to reconsider dismissing the school district and county office, because CCS only repeated rejected arguments, and warned CCS that more repetition could bring sanctions.
- Order Following Pre-Hearing Conference; Order Denying Motion for Continuance; Order Granting Motion for Official Notice; Order Denying Motion to Dismiss in Its Entirety; Order Quashing Subpoenas; Order Denying Motion to Compel and Motion for SanctionsOAH denied Student's motion for sanctions against a charter school that ignored a subpoena, and quashed Student's subpoenas, because no hearing issue involved those charter schools or their records.
- Order Denying Request for Reconsideration; Granting Request for Continuance; Setting Mediation, Prehearing Conference and Due Process Hearing; and Setting Page Limits on Future FilingsOAH refused to separate the consolidated cases because Student showed no new facts or law and waited 40 days. It granted Student's continuance and capped both parties' filings at 30 pages.
- Order Denying Motion for SanctionsOAH denied the San Diego County Office of Education's sanctions motion against Student's counsel, finding no bad faith because COE itself failed to get the court order needed for the subpoenaed county records.
- Order Denying Request to Vacate Dates and Set Trial Setting Conference; Denying Stipulated Request to Relabel Cross Complaint; and Order to Show CauseOAH refused to vacate dates or relabel Student's cross-complaint to finalize a settlement and ordered both counsel to show cause why they should not pay OAH's costs for ignoring repeated OAH instructions.
- Order Granting Motion to Dismiss by Cupertino Union School District and Santa Clara County Office of EducationOAH dismissed the District and SCCOE as parties because they had settled with Student. It held that CCS cannot use joinder to bring its own claims against them, and it denied CCS's sanctions request.
- Order Granting Request for Second Prehearing ConferenceOAH granted District's request for a second prehearing conference after consolidation, but warned District it may face sanctions for a frivolous motion if nothing material changes.
- Order Continuing the Prehearing Conference and Order to Show Cause Why the District's Complaint Should Not Be DismissedOAH ordered the District to show cause why its own complaint should not be dismissed. The District filed an incomplete PHC statement and told OAH only 30 minutes before the conference that Parent is deaf.
- Order to Show Cause Why Student Should Not Be Ordered to Pay ExpensesOAH ordered Student's attorney to show cause why she should not pay OAH's costs after she filed no prehearing conference statement, skipped the PHC, and faxed a last-minute continuance request.