Amaro

Petitioner Judith M. Amaro sought a writ of mandate in the superior court (pursuant to Code Civ. Proc., § 1094.5), to direct respondent California Unemployment Insurance Appeals Board (hereinafter, the Board) to vacate its decision affirming the dismissal of petitioner’s administrative appeal. The dismissal action had been taken by a referee of the Board who determined, after a hearing, that the appeal from a denial of unemployment insurance benefits to petitioner, made by the California Department of Human Resources Development (hereinafter, the Department), was untimely.

The trial court upheld the administrative ruling of the Board, making certain findings of fact and conclusions of law and denied the petition for writ of mandate. Petitioner has appealed from the judgment.

The record discloses that petitioner, a young married woman with a small child, had been employed until late June 1974, while her husband was in college. She left her employment after her husband graduated and had found employment which required relocation of the family. He had not received a paycheck by July 6, 1974, the date on which petitioner applied for unemployment insurance benefits.…