Cortez v. California Unemployment Appeals Board

Motion: Petition for Writ of Mandate
Tentative Ruling: To deny petitioner Jaron J. Cortez’s Petition for Writ of Mandate OPERATIVE FACTS
Petitioner Jaron J. Cortez (“Cortez”) is a seasonal tax preparer who was granted unemployment benefits beginning April 23, 2017. Cortez subsequently filed applications with the EDD to extend his benefits through a training extension and through the California Training Benefits Program under California Unemployment Insurance Code (CIC) §1269 and 1271. These applications were denied on July 31, 2017.
Mr. Cortez appealed those denials to an administrative law judge (ALJ) who affirmed the findings of the EDD on October 2, 2017. The ALJ’s ruling clearly advised Mr. Cortez that “the decisions are final unless appealed within thirty calendar days from the October 2, 2017 date of mailing of the ruling(s).”
Notwithstanding the advisement, Mr. Cortez did not file an appeal until January 18, 2018, and on February 9, 2018 the Cal........