Blackman v. Cal. Unemployment Ins. Appeals Bd. CA4/3
CourtCalifornia Court of Appeal
Date FiledOctober 23, 2026
DocketG066409
StatusUnpublished
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Full Opinion
Filed 10/23/26 Blackman v. Cal. Unemployment Ins. Appeals Bd. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
ANDREA BLACKMAN,
Plaintiff and Appellant, G066409
v. (Super. Ct. No. 30-2024-01399543)
CALIFORNIA UNEMPLOYMENT OPINION
INSURANCE APPEALS BOARD,
Defendant and Respondent.
Appeal from a judgment of the Superior Court of Orange County,
Richard J. Oberholzer (retired judge of the Kern Super. Ct. assigned by the
Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) and Julianne S.
Bancroft, Judges. Affirmed. Appellant’s motion to submit new evidence
denied.
Andrea Blackman, in pro. per., for Plaintiff and Appellant.
Rob Bonta, Attorney General, Cheryl L. Feiner, Assistant
Attorney General, Maureen C. Onyeagbako and Summer Bosse, Deputy
Attorneys General, for Defendant and Respondent.
* * *
Andrea Blackman appeals the trial court’s judgment denying her
petition of writ of mandate regarding overpayment of unemployment
insurance benefits between March and August 2020. The Unemployment
Insurance Appeals Board (UIAB) determined Blackman was ineligible for
benefits under Unemployment Insurance Code1 sections 1252 and 1279. It
also found she was properly assessed penalties because she made willfully
false statements in connection with her benefit claims.
Blackman contends the trial court erred because there was
insufficient evidence to show she was ineligible for benefits during a five-
week period beginning in March 2020. Further, she argues the trial court
abused its discretion by refusing to consider additional wage documentation.
We find no error and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The bulk of the facts herein are derived from the documents
contained in the administrative record lodged with the trial court. In late
2022, the state Employment Development Department (EDD) sent Blackman
three separate notices. On November 30, 2022, it sent her two notices of
determination related to her claims for unemployment benefits. The first
stated she was ineligible to receive benefits under sections 1252 and 1279
between March 15, 2020 and August 8, 2020, because she had worked for
1 All undesignated statutory references are to the Unemployment
Insurance Code.
2
Hanna Carroll Restaurant Group (Hanna’s) during that timeframe. The
second notice stated she was ineligible to receive benefits under sections 1252
and 1279 between June 21, 2020 and August 8, 2020, because she was
working for Western Express Lending during that timeframe.
On December 1, 2022, the EDD mailed Blackman a notice of
overpayment showing that beginning on March 15, 2020, she received an
overpayment of $7,134 in unemployment benefits. Additionally, the EDD
stated it was assessing a penalty of $2,140.20 because Blackman had either
made willfully false statements or withheld relevant information in
connection with her benefit claims. The EDD stated Blackman owed a total of
$9,274.20 (overpayment plus penalties) and instructed her to repay it.
Blackman filed an appeal form with the UIAB after receiving
these notices. The UIAB set the matter for a hearing, which ultimately took
place on January 24, 2024.
At the hearing, only Blackman appeared and testified. She stated
she applied for unemployment on March 17, 2020, after losing two positions
due to COVID-19 shutdowns. However, one of her two employers, Hanna’s,
received a Paycheck Protection Program (PPP) loan and she agreed on May 8,
2020 to receive payment through that program.
Blackman testified she then sent an e-mail to the EDD advising
she could no longer receive her benefits since she would be compensated
through the PPP monies. She also disputed some of the wages the EDD
claimed she had been paid. She testified that she did not work between
March and May of 2020, but that she returned to work at Hanna’s when it
reopened in June; she testified she returned to work at Western Express
Lending in July. Blackman testified money continued to be erroneously
disbursed to her benefits card.
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On February 2, 2024, the UIAB issued the administrative law
judge’s decision affirming the EDD’s notices and finding Blackman liable for
an overpayment of $7,134 plus $2,140.20 in penalties. The decision noted
Blackman had repaid $4,623, partially satisfying the overpayment. However,
the judge found she still owed $2,511 as well as the penalty assessment of
$2,140.20.
On or about March 5, 2024, Blackman filed an appeal of the
administrative law judge’s decision. On April 15, 2024, the UIAB issued a
final decision in Blackman’s case. The UIAB amended the findings of fact and
the reasons for decision, and it then adopted the issue statement, the
amended findings of fact, and the amended reasons for decision as its own
decision. It noted that Blackman had disputed some of the wages she was
alleged by the EDD to have earned, “but provided no evidence of her earnings
with the two employers.” The decision also stated Blackman had “admitted to
‘unethically’ taking ‘that money’” even though she was working after June or
July 2020. The UIAB noted that Blackman claimed to have repaid certain
amounts but needed to contact the EDD to obtain an accounting
reconciliation.
Blackman filed a petition for writ of mandate contesting the
UIAB’s decision. The court advanced the trial date from March 23, 2026 to
November 3, 2025, and established a schedule for the parties’ trial briefs.
Blackman filed her trial brief on October 21, almost one month after the
September 26 deadline set by the court. She attached several exhibits,
including records regarding her compensation from Hanna’s.
The UIAB filed a timely brief opposing Blackman’s petition,
arguing the UIAB’s decision was supported by substantial evidence and that
Blackman could not introduce evidence outside the administrative record.
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After a hearing, the trial court denied Blackman’s petition. She
filed a timely appeal.
DISCUSSION
Blackman makes three arguments. First, she argues the UIAB’s
decision was not supported by substantial evidence because the
administrative record did not contain a documented employer wage report to
show that Blackman earned wages for the weeks that benefits were received.
Next, she argues the trial court erred because it would not consider evidence
Blackman offered to show when she was paid by Hanna’s. Finally, she argues
the penalty was improper because there was no documentary evidence that
she had engaged in willful misrepresentation.
We first note serious deficiencies in Blackman’s briefs. She did
not cite any legal authority for the arguments she made, as required by
California Rules of Court, rule 8.204(a)(1)(B). “We are not required to
examine undeveloped claims.” (County of Sacramento v. Singh (2021)
65 Cal.App.5th 858, 869.) And we may treat as forfeited legal claims lacking
citation to authority. (Id. at p. 870.)
Blackman also failed to include any record citations to support
the factual assertions she made. (See Cal. Rules of Court, rule 8.204(a)(1)(C).)
“‘“The appellate court is not required to search the record on its own seeking
error.” [Citation.] Thus, “[i]f a party fails to support an argument with the
necessary citations to the record, . . . the argument [will be] deemed to have
been waived.”’” (Le Mere v. Los Angeles Unified School Dist. (2019)
35 Cal.App.5th 237, 248.)
In addition, Blackman has chosen to proceed without a record of
the oral proceedings below. “As a result, and because no factual error is
apparent on the face of the record,” she cannot challenge the sufficiency of the
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evidence. (See Robinson v. Gutierrez (2023) 98 Cal.App.5th 278, 283.) Thus,
Blackman’s appeal fails on procedural grounds alone.
Even if we were to consider the appeal on substance, the
“‘[j]udicial review of benefit decisions of the . . . Board is governed by Code of
Civil Procedure section 1094.5.’ [Citation.] Code of Civil Procedure section
1094.5, subdivision (b) limits the trial court’s inquiry into the propriety of an
administrative decision to three grounds: ‘[(1)] whether the respondent has
proceeded without, or in excess of, jurisdiction; [(2)] whether there was a fair
trial; and [(3)] whether there was any prejudicial abuse of discretion.’ ‘Abuse
of discretion is established if the respondent has not proceeded in the manner
required by law, the order or decision is not supported by the findings, or the
findings are not supported by the evidence.’” (Goldstein v. California
Unemployment Ins. Appeals Bd. (2019) 34 Cal.App.5th 1006, 1013.)
No impropriety appears here. Blackman claims the UIAB
decision was not supported by employer wage records. But she did not
introduce any records at the UIAB hearing to refute what her employers had
reported. She only tried to introduce such evidence after the UIAB had made
its decision.
“Generally, on a [Code of Civil Procedure] section 1094.5 review
after an administrative hearing, the court is limited to the evidence
presented in the administrative proceedings unless the evidence was
unavailable at the time of the hearing or improperly excluded from the
record.” (Manderson-Saleh v. Regents of University of California (2021)
60 Cal.App.5th 674, 694.) Blackman did not show or argue that she could not
have introduced her wage records at the administrative hearing or that the
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administrative law judge improperly excluded the records. As such, the trial
court did not err by declining to consider them.2
Finally, Blackman’s contention that the penalty was
inappropriate also fails. She argues the administrative record contained no
documentary evidence to demonstrate she committed any intentional
wrongdoing. But she cites no authority requiring documentary evidence of
wrongdoing. Under section 1257, an individual is disqualified from receiving
unemployment compensation if they withhold a material fact to obtain
unemployment compensation. (§ 1257, subd. (a).) Blackman admitted at the
hearing that she continued to receive unemployment compensation after she
began working again and that she knew it was unethical.
2 Blackman has also filed a motion to submit new evidence to this
court pertaining to the same topic. We deny the motion. A reviewing court
may exercise its discretion in exceptional circumstances to consider evidence
not before the trial court—or, in this case, not before the administrative
agency. (See Glassman v. Safeco Ins. Co. of America (2023) 90 Cal.App.5th
1281, 1309.) This authority may be exercised if the evidence arose after
judgment or was unavailable prior to the judgment and the evidence supports
affirmance. (Ibid.) The wage evidence Blackman seeks to submit does not
meet these criteria.
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DISPOSITION
The judgment is affirmed. The parties shall bear their own costs
on appeal.
SERVINO, J.
WE CONCUR:
MOORE, ACTING P. J.
GOODING, J.
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