[Petitioner’s (your) name] 
[Petitoner’s mailing address- Street and number]
[Petitioner’s mailing address, City, State, ZIP]
[Petitioner’s telephone number]
Petitioner, In Pro Per

IMPORTANT: RED boxes and arrows are instructions, and are not part of your completed document. Text that appears in BLUE is text you will change to fit your case. 

IMPORTANT: RED boxes and arrows are instructions, and are not part of your completed document. Text that appears in BLUE is text you will change to fit your case. 

IMPORTANT: RED boxes and arrows are instructions, and are not part of your completed document.  Erase before printing. Text that appears in BLUE is text you will change to fit your case. Change to black before printing.

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO

The case number is assigned when you file your case with the court.

[PETITIONER’S (your) NAME)],
	Petitioner,
	vs.
Unemployment Insurance Appeals Board,
	Respondent,

[NAME OF EMPLOYER],
	Real Party in Interest	)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)	Case No.:                           

PETITION FOR WRIT OF MANDATE (CCP § 1094.5)	

Petitioner alleges:

1. Respondent Unemployment Insurance Appeals Board (hereinafter, the APPEALS BOARD) and its employees constitute the Appeals Division of the Employment Development Department.

2. Real Party in Interest, [NAME OF EMPLOYER] (hereinafter EMPLOYER) is, and at all times herein mentioned was, [STATE CAPACITY OF BUSINESS, e.g., a corporation organized and existing under the laws of California, with its principal place of business located in [COUNTY OF EMPLOYER] County, California].

3. Petitioner was employed by EMPLOYER at [ADDRESS OF EMPLOYMENT], California, and worked [FULL or PART-TIME] as a [TITLE OF POSITION] from [START DATE] to [END DATE] and was paid wages while so employed sufficient to qualify him/her for unemployment compensation benefits.

4. On [END DATE], petitioner’s employment ended with EMPLOYER when [HOW EMPLOYMENT ENDED, e.g. EMPLOYER terminated petitioner’s employment].

5. Thereafter, petitioner duly filed a claim for unemployment compensation benefits.

6. The claim was [GRANTED or DENIED] by an examiner of the California Employment Development Department on [DATE OF DENIAL OR GRANT], [IF DENIED STATE THE REASON GIVEN FOR DENIAL], and, on [DATE OF NOTICE], petitioner received a written notice of this determination. A copy of the determination is attached hereto as Exhibit A and made a part hereof.

The explanation of the errors is critical as the court can only consider the matters before it. Use multiple paragraphs if needed.

7. Pursuant to the provisions of Section 1328 of the Unemployment Insurance Code, [PETITIONER or EMPLOYER] duly filed an appeal with an administrative law judge who, by a written decision dated [DATE OF DECISION], [AFFIRMED or REVERSED] the examiner’s determination. A copy of the decision is attached hereto as Exhibit B and made a part hereof.

8. In [AFFIRMING or REVERSING] the examiner’s determination and ruling, the administrative law judge abused his/her discretion and acted in excess of jurisdiction by [SPECIFY THE ERROR OF THE JUDGE, i.e., “concluding that petitioner was discharged for misconduct in connection with his/her work. The conclusion is contrary to the weight of the evidence in that the petitioner committed no misconduct in connection with his/her work.”].

The explanation of the errors is critical as the court can only consider the matters before it. Use multiple paragraphs if needed.

9. As authorized by Section 1336 of the Unemployment Insurance Code, [PETITIONER or EMPLOYER] thereafter duly filed an appeal with the appeals board, which on [DATE OF DECISION] [AFFIRMED or REVERSED] the administrative law judge’s decision and notified petitioner accordingly. A copy of the decision is attached hereto as Exhibit C and made a part hereof.

10. In [AFFIRMING or REVERSING] the decision of the administrative law judge, the appeals board abused its discretion and acted in excess of its jurisdiction by [SPECIFY MISTAKE]. 

11. Petitioner has exhausted his/her administrative remedies in that, under the provisions of Section 410 of the Unemployment Insurance Code, the decision of the appeals board is final, except for such action as may be taken by a judicial tribunal as permitted or required by law.

12. Petitioner has no plain, speedy, and adequate remedy in the ordinary course of law to compel the appeals board to reverse its decision and to grant petitioner’s claim for unemployment compensation benefits, and no remedy at all unless this petition is granted. 

WHEREFORE, petitioner prays as follows:

1. That this court issue an alternative writ of mandate ordering respondent Unemployment Insurance Appeals Board

 (a) To set aside its decision [specify, e.g., affirming the decision of the administrative law judge affirming the determination of the Director of Employment Development] that the claimant [SPECIFIC FINDING, e.g. “voluntarily left his/her work without good cause or was discharged for misconduct in connection with his/her work”], and is ineligible for unemployment compensation benefits, and to grant such benefits, or

 (b) In the alternative, to show cause before this court at a time and place to be fixed by the court why it has not done so and directing it to file with this court the record of all proceedings in this matter before the respondent and the administrative law judge;

2. That, after hearing on the order to show cause, this court issue a peremptory writ of mandate to the same effect as the alternative writ except for the order to show cause;

3. For costs of suit herein incurred; and

4. For such other and further relief as the court may deem proper.

Sign and date.

Date: [DATE]
						By: 						
							[YOUR NAME]
							Petitioner, In Pro Per

VERIFICATION

I, [YOUR NAME], am the petitioner in the above-entitled proceeding. I have read the foregoing petition and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Sign and date.

Date: [DATE]
						By: 						
							[YOUR NAME]
							Petitioner, In Pro Per

The petition for a writ of mandate must be verified. The verification is a statement made by a person with knowledge of the events of the case, declaring under penalty of perjury that the facts alleged in the petition are true.

Attach a copy of the Written Notice of Determination as Exhibit A.

	

Important: Sacramento County Superior Court requires each of the Exhibits in one of your sets of copies be separated by a rigid sheet of card stock with a tab identifying the letter of the exhibit on the bottom. Exhibits for the original and other copies should be separated by a blank piece of pleading paper with their exhibit letter or number (for instance, "Exhibit A") typed or written on the bottom of the page.

Note: The Law Library sells card stock with tabs at the Circulation Desk.

Exhibit A

Attach a copy of the written decision by ALJ as Exhibit B.

SAMPLE

Exhibit B

Attach a copy of the CUIAB decision as Exhibit C.

SAMPLE

Exhibit C