My question involves labor and employment law for the state of: How prepare and file a "Petition for Writ of Mandate in the state of California with the Superior Court."
My question involves labor and employment law for the state of: How prepare and file a "Petition for Writ of Mandate in the state of California with the Superior Court."
A writ of mandamus is what you file when your unemployment appeal to the board of review is adverse to you and you want to get it out of the agency's control and into the court system.
If CA is anything like AZ, the procedure is on the back of the board of review's decision. Here, we submit a request to the appeals office that we want to take it into the court system, then the court sends a packet that includes a self-help guide, required paperwork, and a time line of the required deadlines. It's a rather tedious process that has paper size requirements with color specifications, font size and style, binding instructions, number of copies, where they need to be submitted (multiple addresses), certified mailing requirements, and where the delivery receipts need to be returned.
It's unlikely that you'll find anyone on the internet to walk you through it because you'd have to be a real diehard to go that far, and in that case, you wouldn't be interested in what anyone has to tell you.
This is the point at which I would suggest an attorney. And since a whole unemployment claim is not that much money, and doesn't last that long anyhow, is it really worth hiring an attorney? And besides, you've been through the appeals process and received what? Three adverse decisions by now, from the people who are very familiar with the law. When you go into the regular court system, you are not expected to be able to self represent. The old saying about '' has a fool for a client" applies in spades. And those people who made your previous decisions will come out arguing for the agency's take on the situation, the reason why they made those adverse decisions against you and they very rarely lose.