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GILLES v. DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT

Docket No. Sac. 7986.

11 Cal.3d 313 (1974)

521 P.2d 110

113 Cal. Rptr. 374

HUBERT GILLES et al., Plaintiffs and Appellants, v. DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT et al., Defendants and Respondents.

Supreme Court of California. In Bank.

April 23, 1974.

Attorney(s) appearing for the Case

COUNSEL

Stefan M. Rosenzweig, Stephen P. Berzon, Daniel S. Brunner and Jeffrey L. Kastner for Plaintiffs and Appellants.

Charles P. Scully, Donald C. Carroll, Schwartz, Steinsapir & Dohrmann, Laurence D. Steinsapir and Paul O. Halme as Amici Curiae on behalf of Plaintiffs and Appellants.

Evelle J. Younger, Attorney General, Elizabeth Palmer, Assistant Attorney General, N. Eugene Hill, Raymond M. Momboisse and Edmund E. White, Deputy Attorneys General, for Defendants and Respondents.

OPINION

TOBRINER, J.

Unemployment Insurance Code section 1375 permits the state to recover an overpayment of unemployment benefits from a claimant unless such "recovery would be against equity and good conscience." In holding plaintiffs liable for overpayments, however, the Unemployment Insurance Appeals Board has ruled that recoupment of an overpayment, rendered after the claimant has received...

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