Worthington

This is an appeal from a judgment in an administrative mandamus proceeding under section 1094.5 of the Code of Civil Procedure, in which the trial judge, having exercised his independent judgment on the evidence, sustained a decision of the California Unemployment Insurance Appeals Board. By the board’s decision, which adopts the referee’s statement of facts and reasons for decision, appellant herein was held liable for overpayment of unemployment benefits in the amount of $835.

Appellant, a young lawyer, who had been employed by a law firm, was separated from his situation on May 29, 1971, for reasons which would not disqualify him for unemployment insurance benefits. He applied for and received benefits. But he had commenced to practice law by himself, and demand was made Upon. him by the California Employment Development Department to disclose his earnings; he did so under protest, contending as he does on this appeal that section 1252 of the Unemployment Insurance Code, which defines unemployed persons, and section 1279 of that code, in its reference to wages which will preclude or diminish unemployment benefits, do not apply to income gained from self-employment. In…