Pacific Legal Foundation v. UNEMPLOYMENT INS. APP.

An unemployed gardener and home caretaker, Thurman Carroll, was denied unemployment insurance benefits by the Employment Development Department and an administrative law judge, for a two-week period in June 1975, on the ground that Carroll did not follow specific and reasonable instructions of the department to seek farm work, and his minimal efforts to find work indicated he was not available for work.

Upon Carroll's appeal from the ruling of the administrative law judge, defendant board issued Precedent Benefit Decision No. 292 (P-B-292) reversing that ruling and deciding that Carroll was not disqualified for benefits.

Plaintiff foundation filed a complaint in superior court seeking a declaratory judgment to determine the validity of P-B-292. Defendant board answered and moved for judgment on the pleadings. After hearing on the motion, the court orally granted defendant's motion for judgment on the pleadings on the stated ground that plaintiff did not have "standing" to bring the action as an "interested person or organization," under Unemployment Insurance Code section 409.2. [1] The judgment which was thereafter entered on October 26, 1976, stated that…