Magpali

Magpali v. Farmers Group, Inc.

Bad Law
1996 Cal. App. LEXIS 714·48 Cal. App. 4th 471·55 Cal. Rptr. 2d 225·96 Daily Journal DAR 9002·96 Cal. Daily Op. Serv. 5530
Court of Appeal of CaliforniaJuly 25, 1996B084128California5,849 words

Opinion

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…

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