De Somov v. Unemployment Insurance Appeals Board

Appellant, California Unemployment Insurance Appeals Board (Board) appeals from a judgment granting respondent, Madeleine De Somov, a writ of mandamus.

*847 Interpretation of the terms of “sole” and “major” in section 1264 of the Unemployment Insurance Code is the sole issue.

Respondent at the time of her marriage in June of 1970 to her current husband had two children, a 15-year-old boy and a 14-year-old girl. She was then and has since been employed as a sales representative. Her husband was employed as a part-time actor and roofer.

In the early part of 1972 husband was notified that his father who resided in Florida, was dying of cancer and his presence was required. He had been working on a picture and worked another week and a half before he quit his employment and went to Florida. Respondent’s duties as a sales representative generally required that she be out of the city for approximately six weeks in periodic intervals. She was unsuccessful in her efforts to manage shorter trips and since her teenage children could not be unsupervised for long periods of time, she quit her employment on the 18th of February 1972.

In April 1972, respondent filed a claim for…