Wallis

Petitioner James A. Wallis (hereafter plaintiff) has petitioned for a writ of mandate which would vacate an order sustaining real party’s (defendant’s) demurrer to the second, third and fourth causes of action in his first amended complaint, this without leave to amend as to the second and fourth.

The major issue raised by the petition is whether plaintiff has succeeded in pleading a cause of action for tortious breach of contract. We conclude that he has.

Synopsis of the Trial Court Proceedings

Kroehler Manufacturing Company is a corporation which manufactures furniture. Kroehler maintained a plant in San Bernardino at which plaintiff worked for 32 years. Sometime in early 1979 plaintiff learned that the San Bernardino plant would be closed, that he would be offered no position in any of Kroehler’s other plants, and that he would be laid off effective June 1979. Plaintiff was 55 years old at this time and was not eligible for his accrued pension benefits until he reached the age of 65.

In April 1979, while plaintiff was still employed at Kroehler, he entered into a written agreement with the company which provided, among other things, that he was to receive $568.90…