De Somov v. Unemployment Insurance Appeals Board

Opinion

ROTH, P. J. Appellant, California Unemployment Insurance Appeals Board (Board) appeals from a judgment granting respondent, Madeleine De Somov, a writ of mandamus.

[847]Interpretation of the terms of “sole” and “major” in section 1264 of the Unemployment Insurance Code is the sole issue.

Respondent at the time of her marriage in June of 1970 to her current husband had two children, a 15-year-old boy and a 14-year-old girl. She was then and has since been employed as a sales representative. Her husband was employed as a part-time actor and roofer.

In the early part of 1972 husband was notified that his father who resided in Florida, was dying of cancer and his presence was required. He had been working on a picture and worked another week and a half before he quit his employment and went to Florida. Respondent’s duties as a sales representative generally required that she be out of the city for approximately six weeks in periodic intervals. She was unsuccessful in her efforts to manage shorter trips and since her teenage children could not be unsupervised for long periods of time, she quit her employment on the 18th of February 1972.

In April 1972, respondent filed a claim for unemployment insurance. It was denied by the department on the ground that she was not the “major support” of her family. She appealed and at a hearing before a referee, it was established that respondent’s husband was a disabled veteran with a 60 percent disability rating and as a result of that disability he receives a pension of $163 a month and that their respective earnings for the years of the marriage were as follows:

Respondent Husband

1970 $13,000 $6,200 plus $1,956 pension

1971 $15,600 $1,000 plus $1,956 pension

1972 $ 1,200 19 days work on a motion picture plus $326 pension

The referee affirmed the department’s ruling on the ground that respondent was not the “major support” of the family. Respondent petitioned the superior court for mandamus and that court determined respondent was the major support of her family and granted the petition. This appeal followed.