Precedent Decisions - Overruled, Superseded and Modified

This index organizes precedent decisions around a key word or phrase. The "Subject" category is a broad area relevant to the law surrounding the issue. The "Sub-Category" is a further division of the issues related to the "Subject."

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Note: The social security numbers (SSNs) and employer account numbers of those involved in these decisions have been deleted for privacy. Occasionally, employee names and SSNs were listed separately in an appendix; where that occurred, the appendix has been deleted.

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OVERRULING, SUPERSEDING, OR MODIFYING DECISION OR STATUTE
(All References to California Unemployment Insurance Code Unless Otherwise Specified)
P-T-13 Section 2803 repealed by Stats. 1977, ch. 1143.
P-B-14 Sections 626 and 627 repealed by Stats. 1975, ch. 591.
P-B-17 That portion of the decision which held a 50-percent reduction in possible jobs was disqualifying overturned by Rios v. EDD [(1986) 187 Cal.App.3d 489].
P-B-18 Superseded by enactment of section 1253.5.
P-B-26 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-32 Overruled by P-B-260.
P-B-36 That portion of decision relating to whether vacation and sick pay were wages superseded by enactment of sections 1265.5 and 1265.7.
P-B-40 That portion of decision relating to whether vacation and sick pay were wages superseded by enactment of sections 1265.5 and 1265.7.
P-B-44 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-47 That portion of decision relating to liability for overpayment superseded by enactment of section 1382.
P-B-53 Overruled in P-B-459 to the extent inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and Glick v. CUIAB [(1979) 23 Cal.3d 493].
P-D-54 Rendered moot by amendments to sections 2626 and 2626.2 in 1973, 1977, 1978, and 1979.
P-B-58 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-61 Overruled to the extent inconsistent with Rios v. EDD [(1986) 187 Cal.App.3d 489].
P-T-73 Overruled to the extent inconsistent with P-T-450.
P-B-76 Result invalid since Jacobs v. CUIAB [(1972) 25 Cal.App.3d 1035].
P-D-80 Overruled by amendment to section 2677.
P-B-81 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-82 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-83 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250].
P-B-93 That portion of the decision relating to section 2677 superseded by amendments.
P-B-94 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-96 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-101 Overuled to the extent inconsistent with P-B-164.
P-B-103 Overruled to the extent inconsistent with P-B-181.
P-B-108 Overturned by unpublished decision in Gatlin v. CUIAB.
P-B-113 Overturned in Gilles v. CUIAB [(1974) 11 Cal.3d 313].
P-B-116 Overruled by P-B-275.
P-B-129 Sections 1451 and 1453 repealed by Stats. 1978, ch. 45.
P-D-130 That portion of decision relating to section 2629 superseded by amendment to section by Stats. 1972, ch. 833.
P-B-131 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-D-132 Rendered moot by amendments to sections 2626 and 2626.2 in 1973, 1977, 1978, and 1979.
P-B-133 Moving party issue overruled by P-B-264.
P-B-135 Overruled in P-B-459 to the extent inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and Glick v. CUIAB [(1979) 23 Cal.3d 493].
P-B-141 Overruled by Rios v. EDD [(1986) 187 Cal.App.3d 489].
P-B-145 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-D-149 That portion relating to the eligibility for pregnancy-related benefits superseded by amendments to sections 2626 and 2626.2 in 1979. That portion of the decision distinguishing between pregnancy and other types of disabilities as it related to the allocating liability between the voluntary plan and the Department overruled by P-D-416. That portion of the decision allowing voluntary plan to escape liability for new disability which arose during a continuous period of disability superseded by Stats. 1989, ch. 1280.
P-B-150 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250].
P-B-155 Sections 1451 and 1453 repealed by Stats. 1978, ch. 45.
P-B-157 Section 1253.4 repealed by Stats. 1978, ch. 2.
P-B-159 Portion of decision relating to employment in National Guard overruled by P-B-333. Has discussion of sections 1256 and 1257(b).
P-B-162 Overruled by P-B-333.
P-B-163 Section 1253.4 repealed by Stats. 1978, ch. 2.
P-B-170 Overruled by Rios v. EDD [(1986) 187 Cal.App.3d 489].
P-B-177 Overruled in P-B-459 to the extent inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and Glick v. CUIAB [(1979) 23 Cal.3d 493].
P-B-178 Overruled in P-B-459 to the extent inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and Glick v. CUIAB [(1979) 23 Cal.3d 493].
P-B-198 Overruled in P-B-459 to the extent inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and Glick v. CUIAB [(1979) 23 Cal.3d 493]..
P-B-202 Overruled in P-B-459 to the extent inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and Glick v. CUIAB [(1979) 23 Cal.3d 493].
P-B-203 Overruled in P-B-459 to the extent inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and Glick v. CUIAB [(1979) 23 Cal.3d 493].
P-B-206 Overruled by Rios v. EDD [(1986) 187 Cal.App.3d 489].
P-B-211 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-227 The portion of the decision relating to section 1253(c) is inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and P-B-462.
P-B-234 Overruled in California Hospital Association v. CUIAB [(1979) 95 Cal App.3d 220].
P-B-236 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256, 1253(c) and 1253(e) issues. (See P-B-332.)
P-B-238 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-239 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-243 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250].
P-B-244 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of sections 1256 and 1253(c) issues. (See P-B-332.)
P-B-249 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-250 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250].
P-B-252 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-254 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of sections 1256 and 1253(c) issues. (See P-B-332.)
P-B-255 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-259 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. (See P-B-332.) 1256 issue overruled in P-B-472.
P-B-265 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of sections 1256 and 1253(c) issues. (See P-B-332.)
P-B-266 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-271 The portion of the decision relating to section 1253(c) is inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and P-B-462.
P-B-282 Overruled in P-B-459 to the extent inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and Glick v. CUIAB [(1979) 23 Cal.3d 493].
P-B-284 Overruled in P-B-459 to the extent inconsistent with Sanchez v. CUIAB [(1977) 20 Cal.3d 55] and Glick v. CUIAB [(1979) 23 Cal.3d 493].
P-B-288 Result superseded by enactment of section 1256.1.
P-B-289 Result superseded by enactment of section 1256.1.
P-B-299 Section 1264 declared unconstitutional in Boren v. EDD [59 Cal.App.3d 250]. Has discussion of section 1256 issues. (See P-B-332.)
P-B-313 Superseded by Glick v. CUIAB [(1979) 23 Cal.3d 493].
P-B-327 Set aside by P-B-327A because of writ of mandate.
P-B-333 This precedent overruled P-B-162. That portion of decision holding military employment as wages superseded by enactment of section 938.5.
P-B-334 That portion of decision relating to employer liability superseded by amendments to section 1030.
P-T-335 Reversed by the decision in Young Life Campaign v. Patino [(1981) 122 Cal. App.3d 559].
P-T-337 Reversed by the decision in Young Life Campaign v. Patino [(1981) 122 Cal. App.3d 559].
P-R-341 Overruled by P-T-407 and P-T-411 due to statutory charges.
P-R-342 Overruled by P-T-407 due to statutory charges.
P-B-344 Superseded by amendment to section 1260.
P-B-379 Superseded by amendment to section 1257(a).
P-D-397 That portion relating to the eligibility for pregnancy-related benefits superseded by amendments to section 2626 and 2626.2 in 1979. That portion of the decision distinguishing between pregnancy and other types of disabilities as it related to allocating liability between the voluntary plan and the Department overruled by P-D-416. That portion of decision allowing voluntary plan to escape liability for a new disability which arose during a continuous period of disability superseded by Stats. 1989, ch. 1280.
P-B-410 Set aside by P-B-410A because of writ of mandate.
P-B-413 Superseded by amendment to section 1253.3(c) in Stats. 1983, ch. 60.
P-B-415 Sections 1480 et seq. repealed by Stats. 1977, ch. 1149.
P-B-419 Set aside by P-B-419A because of Board of Education v. CUIAB [(1984) 160 Cal.App.3d 674].
P-B-421 Overruled in part in P-B-481.
P-B-422 That portion of decision allocating residuals overruled in P-B-429.
P-B-428 Set aside by P-B-428A because of writ of mandate.
P-B-441 Superseded by amendment to section 1030 in Stats. 1987, ch. 1108.
P-B-445 Superseded by amdendment to section 1030 in Stats. 1987. ch 1108.
P-D-463 Superseded by amendment to section 3253 in Stats. 1987, ch. 1280.
P-B-467 Set aside by P-B-467A because of a writ of mandate.
P-B-470 Superseded by decision in American Federal Labor v. Unemployment Insurance Appeals Board [(1994) 23 Cal.App.4th 51].
P-D-487 That portion of the decision relating to the statute of limitations overruled in P-T-489.

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