Rubino

Rubino v. Unemployment Insurance Appeals Board

Good Law
105 Cal. Rptr. 158·1972 Cal. LEXIS 261·8 Cal. 3d 405·503 P.2d 614
Supreme Court of CaliforniaDecember 1, 1972L.A. No. 30028California1,761 words

Opinion

lead Opinion

McComb, J.

The Unemployment Insurance Appeals Board (hereinafter referred to as “the board”) appeals from a judgment in favor of plaintiff (hereinafter referred to as “claimant”) after a limited trial de novo following claimant’s appeal from an administrative order.

For the period June 1, 1969, through November 1, 1969, claimant received unemployment insurance benefits totaling $1,011 from the Department of Human Resources Development (hereinafter referred to as “the department”). The department issued a retroactive determination that claimant was ineligible for the unemployment insurance benefits under the provisions of section 1253, subdivision (e), of the Unemployment Insurance Code, 1 and alleged an overpayment in the amount of $1,011, on the ground that claimant had not registered for dispatch under a union seek-work plan. Claimant appealed the determination; and, following a hearing, a referee of the board determined that claimant had in fact met the seek-work re *407 quircments. Thereafter, the board reversed the determination of the referee. Claimant petitioned the Superior Court of Los Angeles County for a writ directing the department to set aside its decision that he was…

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