In Amid v. Hawthorne Community Medical Group, Inc. (1989) 212 Cal.App.3d 1383, a hospital sent a copy of a surgeon's negative peer review evaluation to a health insurer. The surgeon brought suit, alleging breach of contract. The hospital demurred on the ground the complaint failed to allege the specific contractual term that was breached. After four amendments in which the surgeon adopted a position that there was no express nondisclosure term, the surgeon alleged a specific breach of an oral contract of nondisclosure. (Id. at pp. 1389-1390.) The contradictory allegation was properly disregarded and a demurrer was sustained without leave to amend: " 'the policy against sham pleading permits the court to take judicial notice of the prior pleadings and requires that the pleader explain the inconsistency. If he fails to do so the court may disregard the inconsistent allegations.' " (Id. at p. 1390.)