In Hendy v. Losse (1991) 54 Cal. 3d 723, the trial court sustained a demurrer without leave to amend, and the plaintiff suggested that if granted leave to amend he would change an allegation that the defendant was an employee to an allegation that he was an independent contractor; the appellate court noted that the plaintiff had not demonstrated that he had since discovered a factual basis for making a different allegation. (Hendy, supra, 54 Cal. 3d at p. 743.)