Mathis v. Cal. Unempl. Ins. App. Bd.
Plaintiff appeals from a judgment denying her petition for writ of administrative mandamus (Code Civ. Proc., 1094.5), which challenged the California Unemployment Insurance Appeals Boards (board) dismissal of plaintiffs appeal from an administrative law judges (ALJ) denial of State Disability Insurance benefits (SDI). The administrative appeal was dismissed on grounds appellant had not shown good cause for having filed it four days late. The trial court agreed with the board, and then proceeded to opine, negatively, about plaintiffs substantive grounds of appeal, which the board had never decided.
Court conclude that the board abused its discretion (Code Civ. Proc. 1094.5, subd. (b)) in refusing to entertain and determine plaintiffs appeal on the merits. Court direct issuance of a writ requiring the board to do so without regard for the trial courts further determinations of issues, which are within the boards province and which the court should not have addressed.
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