Russ

Russ v. Unemployment Insurance Appeals Board

Good Law
125 Cal. App. 3d 834·178 Cal. Rptr. 421·1981 Cal. App. LEXIS 2369
Court of Appeal of CaliforniaNovember 19, 1981Civ. 49362California5,290 words

Opinion

Opinion

Rattigan, J.

At pertinent times, appellant Evelyn M. Russ was employed by a public school district as a teacher’s aide at an elementary school. When the school closed for the summer at the end of the 1977-1978 academic year, she applied to the Employment Development Department for unemployment compensation benefits claimed for a period in which she was out of work during the summer recess. After administrative proceedings to be described, respondent Unemployment Insurance Appeals Board (Appeals Board) rendered a decision holding that appellant was ineligible for the claimed benefits, by operation of Unemployment Insurance Code section 1253.3, subdivision (c), because she had been given “reasonable assurance” that she would be reem ployed by the school district when the 1978-1979 academic year commenced in the fall.

Appellant challenged the decision by petitioning the superior court for a writ of administrative mandamus, pursuant to Code of Civil Procedure section 1094.5, and for declaratory relief. The cause was submitted on the record of the administrative proceedings. The court made findings of fact and conclusions of law adverse to appellant and entered a judgment denying the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.