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Namm v. Fire Insurance Exchange3/11/2003
usion was thoroughly argued to the trial court both in writing and at the April 19, 2001 hearing. And, while the trial court apparently found certain telling contradictions between some allegations in the original and first amended complaints pertinent to the existence of employment relationships, we need not and do not reach that issue.
As noted above, in our opinion the first amended complaint (including the documents referenced and incorporated therein) plus the "Statement of Facts" in appellants' oppositions to respondents' demurrers contain more than ample concessions of such relationships both as to the Fosters and Mair.
E. Further Leave to Amend is Inappropriate
In their briefs to this court, appellants urge that they should be allowed to amend their complaint again to recite the applicable provisions of the policies in effect in the 1996-1998 period when the acts alleged in the Fosters' and Mair's complaints supposedly occurred. They state that they "have requested that [respondents] provide copies of the insurance policies issued to HILDA NAMM AND EVELYN NAMM for 1996 through 1999. However, copies have not been received."
First of all, appellants cite to nothing in the record to support this bald assertion. Second, it was appellants who attached the supposedly applicable policies as exhibits A-D to their first amended complaint, quoted from them extensively, and then pled their applicability to the liabilities claimed in the Fosters' and Mair's complaints.
Third and finally, the issue of which policies were effective on which dates was never raised by appellants in their opposition to respondents' demurrer to the first amended complaint. It is far too late now to request leave to amend on a basis never even mentioned in the lower court.
IV. DISPOSITION
The judgment appealed from is affirmed.
We concur:
Kline, P.J.
Ruvolo, J.
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