In Genesis Environmental Services v. San Joaquin Valley Unified Air Pollution Control Dist. (2003) 113 Cal.App.4th 597, the Court applied the principle that it was not limited to the plaintiff's theory of recovery and requested supplemental briefing on legal theories not addressed by the parties. (Id. at pp. 603-604.) After considering the supplemental briefs, this court concluded the plaintiff's allegations were sufficient to state a cause of action under section 1983 based on a violation of the constitutional right to equal protection. (Genesis Environmental, at p. 608.) As a result, this court reversed the judgment of dismissal and directed the order sustaining the general demurrer be vacated. (Ibid.)