Tieberg

The Director of the Department of Employment of the State of California seeks a writ of mandate to compel the Superior Court of Los Angeles County to hear and decide, on its merits, his petition for a writ of mandate by which he seeks a review of a decision of the California Unemployment Insurance Appeals Board.

The sole question presented is whether the director, who is the executive officer of the Department of Employment, has the capacity, power or authority to seek judicial review of an order of the appeals board, which is a division of said department.

Pursuant to the provisions of the Unemployment Insurance Code, sections 1126 et seq., the director levied an unemployment insurance assessment on Lassie Television, the predecessor of Wrather Corporation (hereinafter referred to as “Wrather”), alleging that the relationship between the corporation and the free-lance television writers writing its television dramas was an “employment” relationship within the meaning of the Unemployment Insurance Code. Like assessments were levied on Filmaster, Inc. Each company petitioned for a review. The two hearings were held at different times, before different referees, with the result…