Lewis

Appellant Debbe Lewis commenced this proceeding in administrative mandamus by petitioning the superior court pursuant to Code of Civil Procedure section 1094.5. (We refer to her as “petitioner.”) In her petition, she sought a writ of mandate which would have required the Unemployment Insurance Appeals Board (respondent below and here, to which we refer as “respondent Board,” or the “Board”) to set aside its decision denying her application for unemployment compensation benefits and to declare her eligible therefor. The trial court made findings of fact, drew conclusions of law adverse to petitioner, and entered a judgment denying her the relief sought. She appeals from the judgment.

Prior to July 1973, petitioner was regularly employed in Santa Cruz by Charmwick, Inc., a candle manufacturer. She took a “leave of absence” in that month and found herself unemployed when she returned from the “leave” two months later: the circumstances are hereinafter described as expressly found by the trial court.

Petitioner thereupon applied to the Department of Human Resources Development for the benefits in question. The director determined that she was ineligible upon the ground that…