Conrad

Conrad v. Unemployment Insurance Appeals Board

Good Law
120 Cal. Rptr. 803·1975 Cal. App. LEXIS 1016·47 Cal. App. 3d 237
Court of Appeal of CaliforniaApril 16, 1975Civ. 34874California1,759 words

Opinion

Opinion

Christian, J.

Robert Conrad, formerly an employee of the United States Department of Health Education and Welfare, presented to the California Department of Human Resources Development (hereinafter “the Department”) a claim for unemployment insurance benefits. His application was denied, and Conrad petitioned for administrative review before the Unemployment Insurance Appeals Board (hereinafter the “Appeals Board”); the denial of benefits was upheld by the referee (see Unemp. Ins. Code, § 1334) and affirmed by the Board (Unemp. Ins. Code, § 1336). Conrad then sought a writ of mandate from the superior court under Code of Civil Procedure section 1094.5 directing the Board to vacate its decision and take further proceedings. The Appeals Board demurred on the ground that an indispensable party, Conrad’s federal employer, had not been joined as a defendant. The trial court sustained the demurrer on that ground and rendered judgment in favor of the Appeals Board; the present appeal ensued.

Appellant had been employed as a probationary claims examiner for the Social Security Administration (hereinafter the “SSA”) of the United States Department of Health Education and Welfare (hereinafter…

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