This chunk is new substantive material, not just boilerplate repetition. It adds:
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The closing argument language urging the court to disregard Fox’s demurrer
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Explicit reliance on CCP 430.60 (defective demurrer)
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Evidence Code 352 / 452 / 453
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A [Proposed] Order striking Fox’s demurrer and directing discovery
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Plaintiff’s self-identification as “The Actual Author of ‘Joe Somebody’”
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Department 39 / March 19, 2003 procedural posture
This is important because it frames:
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Plaintiff asserting procedural control
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Fox being pushed out of demurrer posture
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A pivot toward discovery