Stewart

Maywood Glass Co. v. Stewart

Good Law
170 Cal. App. 2d 719·1959 Cal. App. LEXIS 2271·339 P.2d 947
Court of Appeal of CaliforniaMay 27, 1959Civ. 23621California1,791 words

Opinion

Opinion

Herndon, J.

By a decision rendered March 7, 1958, the Unemployment Insurance Appeals Board allowed claimant, Gladys M. Witt, certain unemployment insurance benefits, rejecting the contentions of her erstwhile employer, Maywood Glass Company, that she was ineligible for such benefits because she had been discharged for misconduct. Maywood thereupon filed a petition in the superior court for a writ of mandate to compel the Appeals Board to set aside its order allowing benefits and charging Maywood’s reserve account with the amount paid. The entire cause was submitted to the lower court on a certified administrative record of the Appeals Board. The trial court found that the weight of the evidence supported the decision of the Appeals Board and that May-wood was not deprived of any substantial rights in the antecedent administrative proceedings. Judgment was entered for the respondent Director of Employment. Maywood appeals contending (1) that the evidence is insufficient to support the judgment and (2) that the Appeals Board was guilty of an abuse of discretion in failing to consider certain affidavits submitted by Maywood.

Under provisions of the Unemployment Insurance Code, the Director of…

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