Moser

Moser v. Bret Harte Union High School District

Good Law
366 F. Supp. 2d 944·2005 WL 165381·2005 U.S. Dist. LEXIS 1057
United States District Court, Eastern District of CaliforniaJanuary 12, 2005CIV-F-99-6273 OWW SMCalifornia17,052 words

Opinion

Opinion

Wanger, J.

ORDER RE: SANCTIONS FOR ATTORNEY’S VIOLATIONS OF DUTY OF CANDOR AND NOT TO IMPEDE, OBSTRUCT, OR TO VEXATIOUSLY MULTIPLY PROCEEDINGS

I. INTRODUCTION

This matter is before the court on an Order to Show Cause why sanctions should not be imposed against attorneys of record Elaine Yama (“Yama”), the law firm of Lozano, Smith and their client, Bret Harte Unified School District (“District” or “Defendant”), following their egregious conduct in this appeal from an administrative hearing.

II. BACKGROUND

The Order to Show Cause issued as the culmination of lengthy and contentious proceedings involving an appeal from an administrative hearing by a Bret Harte student, Robert Moser (“Plaintiff’). Plaintiff was a student enrolled at Defendant Bret Harte Union High School District from 1994 — 1998. Plaintiff alleged that Defendant denied him a free and appropriate public education (“FAPE”) under the Individuals With Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq. See Docket (“Doc.”) # 1. On October 13, 14,15 and 16,1998, and January 19, 20, 21, 22, 25 and 26, 1999, an administrative hearing was heard before William Reyes, Hearing Officer of the California Special Education…

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