Tillery v. State of California Employment Development Department, et al.

Motion: Petitioner Michelle A. Tillery’s Amended Petition for Writ of Administrative Mandamus
Tentative Ruling: To Deny Petitioner Michelle A. Tillery’s Amended Petition for Writ of Administrative Mandamus.
Petitioner Michelle A. Tillery seeks a writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. The writ is directed to respondents California Employment Development Department and California Unemployment Insurance Appeals Board (the board) and asks the court to set aside the board’s decision denying petitioner’s claim for disability insurance benefits.
Petitioner contends the board erred in determining she was not eligible for benefits based on its finding of one continuous disability period due to the same or related condition that was not separated by a period of more than 60 days under Insurance Code section 2608. Petitioner also argues she is entitled to relief because the board failed to properly respond to her petition.