apply). Were plaintiff here to plead as separate "claims” legal theories such as alter-ego or successor-liability which do not in actuality comprise distinct claims for relief, but rather methods of proving one’s entitlement to relief from a particular defendant, it would only subject itself to a different line of attack on a Rule 12(b)(6) motion. A purpose of the Federal Rules, however, is to minimize that sort of emptily formal motion practice. 5 . Cel-Tech expressly limited its test to the competitor context. Cel-Tech, 20 Cal.4th at 187 n. 12, 83 Cal.Rptr.2d 548, 973 P.2d 527. By contrast, in the consumer context, there is a split of authority as to what test for unfairness applies. See, e.g., Drum v. San Fernando Valley Bar Ass’n, 182 Cal.App.4th 247, 256, 106 Cal.Rptr.3d 46 (2010) (<HOLDING>). 6 . Plaintiffs prayer for disgorgement of the
recognizing a split of authority on this issue recognizing split among district courts recognizing that a split decision carries no weight as precedent recognizing split recognizing the split but not adopting a rule