Artigues

Artigues v. California Department of Employment

Good Law
1968 Cal. App. LEXIS 1984·259 Cal. App. 2d 409·66 Cal. Rptr. 390
Court of Appeal of CaliforniaFebruary 26, 1968Civ. 24558California2,495 words

Opinion

Opinion

Elkington, J.

The California Department of Employment and the California Unemployment Insurance Appeals Board appeal from a judgment of the superior court in administrative mandamus proceedings taken pursuant to Code of Civil Procedure section 1094.5. The judgment reversed decisions denying certain unemployment insurance benefits to respondents.

The trial court took no testimony. The ease was tried on the record of the administrative proceedings.

Since the benefits provided by the Unemployment Insurance Act are “property rights within the meaning of the term as used in the cases requiring a trial de novo” the superior court was required to exercise its independent judgment on the evidence. (Thomas v. California Emp. Stabilization Com., 39 Cal.2d 501, 504 [ 247 P.2d 561 ].) Accordingly, our task on this appeal is to determine whether, disregarding all contrary evidence, there is substantial evidence in support of the trial court’s findings. (Moran v. Board of Medical Examiners, 32 Cal.2d 301, 308 [ 196 P.2d 20 ]; 3 Witkin, Cal. Procedure (1954) p. 2489.) We therefore set forth the facts as they were asserted, admitted, or uneontroverted by respondents below.

Respondents are motion picture…

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