Khoury

In this action by a retailer against a distributor of beauty supplies, plaintiff and appellant Isaiah Khoury appeals from the trial court’s order of dismissal in favor of defendants and respondents Maly’s of California, Inc., and John Maly, following the sustaining of demurrer, without leave to amend, to the second amended complaint.

The factual allegations of appellant’s unverified second amended complaint, which must be assumed to be true for the purpose of ruling on demurrer (Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 213-214 [ 197 Cal.Rptr. 783 , 673 P.2d 660 ]), are as follows: Appellant, doing business as “Just-in Beauty & Supply,” operates a beauty and supply business. Respondent, acting as agent for defendant John Paul Mitchell Systems (not a party to this appeal), is the sole distributor available to appellant for John Paul Mitchell hair care products (hereafter the JPM products). By oral contract respondent agreed that if appellant and appellant’s employees attended a training class and agreed to sell the JPM products, respondent would supply the JPM products to appellant. Pursuant to the agreement, appellant and his…