Crow

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

This case follows in the wake of Java, et al. v. California Department, etc., et al., 317 F.Supp. 875 (N.D.Calif., 1970). Java held that Goldberg v. Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970), which mandates a due process “fair hearing” prior to termination of welfare benefits, applies equally well to the unemployment compensation field, and that the ends of the Social Security Act, as well as of the Constitution, are best served when persons who have once been found eligible for benefits continue to receive such benefits during the pendency of appeal actions initiated by former employers.

The instant case does not involve an employer’s appeal of an initial determination of eligibility. Rather, the Court must pass upon a termination of benefits, without prior hearing, following a finding that the recipient has “without good cause, refused to accept suitable employment when offered to him”. Calif. Unempl.Ins.Cde. § 1257(b). Such a determination renders the recipient “ineligible to receive unemployment compensation benefits for not less than two nor more than ten consecutive weeks beginning with the week in…