How have the courts dealt with the dismissal of the breach of contract claim?

Compounding matters, Guan did not challenge the trial court's dismissal of his breach of contract claim in any way. There was no motion for reconsideration. Nor did Guan seek immediate review by extraordinary writ"[a]lthough [appellate courts] rarely grant extraordinary relief at the pleading stage of a lawsuit, mandamus will lie when it appears that the trial court has deprived a party of an opportunity to plead his cause of action ..., and when extraordinary relief may prevent a needless and expensive trial and reversal." (Taylor v. Superior Court (1979) 24 Cal.3d 890, 894, 157 Cal.Rptr. 693, 598 P.2d 854.) If Guan felt committed to his breach of contract claim, he could have dismissed the remaining

[218 Cal.Rptr.3d 805]