Silva v. Unemployment Ins. Appeals Bd. CA1/5
After his fifth day of work at Bay City Chevrolet, Troy Silva quit his job as a car salesman. The Employment Development Department (EDD) determined Silva voluntarily quit his job without good cause (Unemp. Ins. Code, § 1256) and denied his application for unemployment benefits. An administrative law judge (ALJ) and the California Unemployment Insurance Appeals Board (the Board) upheld the denial. Silva then petitioned for writ of administrative mandate, requesting the superior court set aside the denial of unemployment benefits (Code Civ. Proc., § 1094.5). The superior court denied the petition, concluding the presumption of good cause had been rebutted, and that Silva did not have good cause to terminate his employment. The court entered judgment for EDD and the Board (collectively, respondents).
Silva appeals. He contends the superior court’s ruling was “legally untenable” because the statutory presumption and the “uncontested evidence” established he had good ca
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