Llanos vs. Unemployment Insurance Appeals Board

Case No.: 30-2017-00928428     Track Rulings In Case

TENTATIVE RULING: The Petition for Writ of Mandate brought by Ronald Llanos against the California Unemployment Insurance Appeals Board (“Appeals Board”) and County of Orange is DENIED. “When reviewing a decision of the Board on a petition for writ of mandate . . . the superior court must exercise its independent judgment on the evidence in the administrative record.” Macgregor v. Unemployment Ins. Appeals Bd., 37 Cal. 3d 205, 211–12 (1984).
Additionally “[i]n exercising its independent judgment, a trial court must afford a strong presumption of correctness concerning the administrative findings, and the party challenging the administrative decision bears the burden of convincing the court that the administrative findings are contrary to the weight of the evidence.” Fukuda v. City of Angels, 20 Cal. 4th 805, 817 (1999).
By way of this Writ, Petitioner asks the court to set aside the decision of the Appeals Board affirming the Administrative Law Judge’s (“ALJ”) decis........