McCaskey

Plaintiffs Charles Luke, Francis A. McCaskey, and John Mellen brought these actions against California State Automobile Association (CSAA) and California State Automobile Association Inter-Insurance Bureau charging breach of contract and age discrimination. The gist of the claims was that defendant brought about plaintiffs’ discharges by breaching a promise to permit senior sales agents to continue in it’s employ under relaxed sales quotas. The trial court entered summary judgment for defendant primarily on the grounds that it was contractually entitled to rescind the promise, and that plaintiffs failed to raise a triable issue of fact concerning defendant’s claimed nondiscriminatory reasons for eliminating the policy. We find that the record raises a triable issue of fact on the contract claim over the question whether defendant honored the policy for an agreed time or, if no agreement as to time can be inferred from the terms and circumstances of the employment contract, for a reasonable time. The record also presents triable issues of fact concerning the genuineness of defendant’s claimed reasons for eliminating the policy. Accordingly, we will reverse the…