Douglas

Douglas v. Unemployment Insurance Appeals Board

Good Law
133 Cal. Rptr. 604·1976 Cal. App. LEXIS 1992·63 Cal. App. 3d 110
Court of Appeal of CaliforniaOctober 27, 1976Civ. 38772California3,475 words

Opinion

Opinion

Taylor, J.

Plaintiff, Joyanne Douglas (Douglas), sought an administrative writ of mandate (Code Civ. Proc., § 1094.5) directing the California Unemployment Insurance Appeals Board (Board) to set aside its decision denying her unemployment benefits. On this appeal from the judgment denying the writ, she contends that: 1) the court erred and exceeded its jurisdiction in making findings that differed from those of the Board, and in failing to make findings on all of the material issues; 2) the court’s findings do not support its judgment; and 3) the court erred on the merits as she left her employment not “voluntarily,” but for “good cause,” as required by Unemployment Insurance Code section 1256, since she was deprived by her employer of the opportunity to make a voluntary choice between the leave of absence she had requested and the permanent termination with a conditional rehire that occurred. We note that the instant matter was determined below prior to Lewis v. Unemployment Ins. Appeals Bd., 56 Cal.App.3d 729 [ 128 Cal.Rptr. 795 ] (decided Mar. 30, 1976; no petn. for hg. filed), in which this court (Division Four) for the first time clarified the law of this state as to section…

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