Howland v. Farmers Group CA2/4
After the companies terminated the second agreement, Howland and Howland, Inc. sued, alleging age discrimination, wrongful termination, and failure to pay all wages due. Plaintiffs also asserted related tort and contract claims arising from the companies’ purported breach of the agreements and plaintiffs’ termination. Plaintiffs also alleged the same claims against a sixth defendant, Farmers Group, Inc. (FGI), who was not a party to either agreement but whom plaintiffs claimed was an undisclosed principal and alter ego of the other defendants.
Following a series of demurrers and amended complaints, the trial court sustained defendants’ demurrer to portions of plaintiffs’ third amended complaint without leave to amend. In particular, the court found that plaintiffs could not plead employment claims because of the contractual language classifying them as independent contractors rather than employees.
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