Judge: Donald F. Gaffney, Case: Birosel-McQuigg v. Unemployment Insurance Appeal Board, Date: 2022-10-05 Tentative Ruling

TENTATIVE RULING: 

Petition for Writ of Mandate.

Petitioner Anita Birosel-McQuigg petitions for writ of mandate. For the following reasons, the petition is CONTINUED to 11/23/22 in this Department at 9:00 a.m.

A petition for writ must be personally served on respondent and the real party in interest in the manner required for service of a summons and complaint. (Code Civ. Proc., § 1088.5; see also Code Civ. Proc., §§ 415.10 et seq.) Service must be made upon the presiding officer, or upon the secretary, or upon a majority of the members, of the board or commission that is the respondent in the mandamus case. (Code Civ. Proc., § 1107.)

The administrative record “must be filed as expeditiously as possible, and may be filed with the petition, or by the respondent after payment of the costs by the petitioner, where required, or as otherwise directed by the court.” (Code Civ. Proc., § 1094.5(a).)

On 08/17/2021, the court ordered Petitioner to file Proof of Service for Respondent Unemployment Insurance Appeal Board & Real Party in Interest Phantastic Pharmacy. The court also ordered Petitioner to file the administrative record. Petitioner has failed to file these documents.

No later than seven (7) days before the continued hearing, Petitioner Birosel-McQuigg shall file and serve Proof of Service of the Petition for Writ of Mandate on the respondent Unemployment Insurance Appeals Board and the real party in interest Phantastic Pharmacy.

No later than seven (7) days before the continued hearing, Petitioner Birosel-McQuigg shall also file and serve the administrative record.

Failure to comply with this court order may result in dismissal of the petition.

Clerk is ordered to give notice.