Livingston

Los Angeles Unified School District v. Livingston

Good Law
125 Cal. App. 3d 942·178 Cal. Rptr. 680·1981 Cal. App. LEXIS 2381
Court of Appeal of CaliforniaNovember 23, 1981Civ. 58773California2,703 words

Opinion

Opinion

Ashby, J.

Appellants Los Angeles Unified School District et al. appeal from an order dissolving a temporary restraining order and refus ing to grant a preliminary injunction. (Code Civ. Proc., § 904.1, subd. (f).)

On January 31, 1980, an administrative law judge of the Employment Development Department of the State of California found that a number of employees of the school district, primarily substitute teachers, were eligible for unemployment compensation benefits for which they had applied during the summer of 1979, because appellant failed to prove that these employees had a “reasonable assurance” of employment for the next academic term. (Unemp. Ins. Code, § 1253.3, subds. (b), (c), (d), (f).) On February 1, 1980, the school district appealed that decision to the California Unemployment Insurance Appeals Board (CUIAB). On February 4, 1980, appellant requested the superior court to issue a temporary restraining order and preliminary injunction to prevent the Acting Director of the Employment Development Department and the State Treasurer from paying out the benefits to the employees pending the district’s appeal to the CUIAB. The complaint for an injunction alleged that the…

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