Cervisi v. Unemployment Insurance Appeals Board

Summary

Part-time hourly employees of a community college district petitioned for writs of mandate to compel the Unemployment Insurance Appeals Board to set aside its determinations that the employees were not eligible for benefits for the period between fall and spring semesters when none of the employees were working.  The trial court granted the petitions.  (Superior Court of the City and County of San Francisco, Nos. 837908, 856096, Lucy Kelly McCabe, Judge.)

The Court of Appeal affirmed Cervisi v. Unemployment Insurance Appeals Board 208 Cal. App. 3d 635 (1989), holding that the trial court did not err in finding that the employees did not have a “reasonable assurance” of employment within the meaning of Unemp. Ins. Code, 1253.3 (benefits not payable during first year or term and if there is a reasonable assurance the employee will perform services during second year or term).  (Opinion by Channell, J., with Anderson, P.J., and Poche, J., concurring.)