Irving

Irving v. California Unemployment Insurance Appeals Board

Good Law
Court of Appeal of CaliforniaSeptember 12, 2014B243417ACalifornia7,002 words

Opinion

Opinion

I. INTRODUCTION

The real party in interest, the Los Angeles Unified School District (the district), appeals from an order granting a mandate petition filed by plaintiff, Jim L. Irving. Defendant, the California Unemployment Appeals Board (the board), after an administrative hearing, refused to grant plaintiff unemployment compensation benefits pursuant to Unemployment Insurance Code section 1256.1 The trial court issued a writ of mandate directing that plaintiff receive unemployment compensation benefits. We conclude plaintiff’s actions in exceeding his break times on four separate occasions and then falsifying his time sheets constitutes misconduct within the meaning of section 1256. Because he committed misconduct within the meaning of section 1256, he may not receive unemployment compensation benefits. Thus, the judgment issuing the writ of mandate must be reversed.

II. THE PLEADINGS

On May 11, 2011, plaintiff, in propria persona, filed a mandate petition challenging the board’s decision denying his request for unemployment compensation benefits. The petition alleges: on August 21, 2010, an accusation was filed with the board alleging plaintiff had violated Code of Civil…

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