JAMES E. SPEARS VS CALIFORNIA UNEMPLOYMENT OFFICE APPEALS BOARD

James E. Spears, v. California Unemployment Insurance Appeals Board, Respondent

Judge Mary Strobel

Hearing: August 4, 2020

18STCP03228

Tentative Decision on Petition for Writ of Administrative Mandate

Petitioner James E. Spears, in pro per (“Petitioner”) seeks a writ of administrative mandate commanding Respondent California Unemployment Insurance Appeals Board (“Respondent” or “CUIAB”) to set aside its final decision that dismissed his administrative appeal as untimely.

Background and Procedural History

On December 17, 2018, Petitioner, in pro per, filed a petition for writ of administrative mandate and an amended petition for writ of administrative mandate. In the petition, Petitioner alleged that CUIAB did not consider his explanation for filing a late administrative appeal and improperly dismissed his case without considering the merits.

On May 28, 2019, the court h........