Judge: Donald F. Gaffney, Case: Birosel-McQuigg v. Unemployment Insurance Appeal Board, Date: 2022-11-23 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 2/1/23 at 9:00 a.m. in this Department.

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.)

On 08/17/2022 and again on 10/05/2022, the court ordered Petitioner Birosel-McQuigg 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. On 10/05/2022, the court warned that failure to comply with this court’s order may result in dismissal of the petition. Petitioner has failed to file the documents as ordered.

The Court hereby issues an Order to Show Cause on 2/1/23 at 9:00 a.m. in this Department regarding why the petition should not be dismissed for Petitioner’s failure to serve the petition papers on Respondent Unemployment Insurance Appeals Board and Real Party in Interest Phantastic Pharmacy.

Petitioner Birosel-McQuigg is ordered to appear at the hearing on 2/1/23.

Court orders clerk to give notice.