Martinez

Martinez v. Unemployment Insurance Appeals Board

Good Law
133 Cal. Rptr. 806·1976 Cal. App. LEXIS 2031·63 Cal. App. 3d 500
Court of Appeal of CaliforniaNovember 5, 1976Civ. No. 48538California1,353 words

Opinion

Lead Opinion

Ashby, J.

Pifie M. Martinez (appellant) appeals from a judgment denying his petition for a writ of mandate requiring the California Unemployment Insurance Appeals Board (respondent) to set aside its decision that he had not shown good cause for his failure to file a timely appeal from a decision denying benefits.

Appellant had been employed by the Broadway Department Store as a commissary baker. His employment there was terminated on October 11, 1974. On November 21 he filed a claim for unemployment insurance benefits. On December 10, 1974, his claim was denied. Prior to receiving written notice of that denial, appellant had gone to the *502 Employment Development Department (formerly Department of Human Resources Development) for an interview and was informed that his claim had been denied. He requested an appeal form, but was told by the clerk to wait until he received the written notice of determination. 1 Appellant received the written notice of determination on December 12, 1974. The.notification informed appellant that he was disqualified from receiving unemployment compensation benefits, and in bold-faced type on the front page it stated that: “Any Appeal From This Notice…

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