Rabago
Rabago v. Unemployment Insurance Appeals Board
Opinion
Opinion
Brown, J.
Appellant, Genaro Rabago, sought a writ of administrative mandamus (Code Civ. Proc., § 1094.5) directing the State Unemployment Insurance Appeals Board (hereinafter Board) to set aside its decision denying him unemployment benefits. His claim had been denied by the Employment Development Department, the administrative law judge (ALJ) and the Board. After a trial on December 21, 1976, the court below entered findings of fact and conclusions of law and a judgment denying the writ. Appellant contends that as a matter of law he was not the moving party in the termination of his employment and therefore must be deemed to have left his employment involuntarily and, if not, that he left his work voluntarily with good cause within the meaning of Unemployment Insurance Code section 1256.
Facts
Appellant was employed by real party in interest, Prestolite Battery Division of Eltra Corporation (Prestolite), as a production worker in its battery manufacturing plant at Visalia for approximately two years between October 23, 1973, and November 19, 1975. On November 5, 1975, petitioner gave two weeks’ notice of intention to quit, informing the plant personnel manager and signing a…