Legal Question in Appeals and Writs in California
I am from Lodi california. I know the E.D.D.(employment development department)is not above the law. Who has the power to hold the E.D.D.-one of their court judges and their appeals board responsible for their wrong doing? I just need the chance to show my evidence to these people.I cant afford a lawyer so im seeking justice on my own.
1 Answer from Attorneys
If you have exhausted all the remedies available to you under the CUIAB system, which is a prerequisite to seeking any other relief your remedy would be to file a petition for extraordinary relief with an administrative mandamus petition. However, this remedy is typically dependent on a Superior Court reviewing the administrative record, which you must request from EDD. In your petition you can seek to expand the record to include new evidence, but this evidence must be evidence that was not available at the time of the administrative hearing. There is a fee for filing a petition for a writ of administrative mandate unless you file a request to waive fees based on your indigency. Also, unless you have a waiver of fees you will have to pay for the administrative record. If your cause has merit you should consider seeking the assistance of an attorney. Good luck.