Citations
- 48 Cal. App. 4th 471
Full opinion text
Opinion
BARON, J.
Appellant Desiderio Magpali brought suit against Farmers Group, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance Company, Shel Chaffer, Norman Gerwien, and Joe Lowther (collectively referred to herein as Farmers) for breach of contract, fraud, and intentional infliction of emotional distress arising out of his tenure as an insurance agent for Farmers. The breach of contract claim was dismissed prior to trial and the court granted Farmers’ motion for nonsuit as to the other two claims. On the eve of trial, Magpali sought and was denied leave to amend to add a claim for violation of the Unruh Civil Rights Act (Civ. Code, § 51 et seq., hereinafter referred to as the Act). We affirm.
Procedural and Factual Background
The Pleadings
In his complaint, filed July 15, 1992, Magpali alleged causes of action based on breach of contract, fraud and intentional infliction of emotional distress. The complaint alleged that he had been an agent for Farmers since 1984 and that Farmers breached the parties’ agreement on or about April 17, 1989, by “placing Magpali on Limited Underwriting Authority (‘LUA’) status, effective May 1,1989,” which “result[ed] in severe restrictions being placed upon the agent’s ability to bind Farmers policies.” The complaint further stated that Farmers breached the agreement “by telling Magpali how to run his business and requiring him to submit a plan of operation for Farmer[s’s] approval” and “by terminating the [agreement] without good cause . . . .”
Concerning the fraud claim, the complaint alleged that in July of 1984 and April of 1985 Farmers made the following misrepresentations; “(a) As a Fanners’ agent Magpali would be an independent contractor and as such, he would be able to determine the time in which he would carry out his business; [