Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

Defendant filed a demurrer to Plaintiff’s complaint.  After the demurrer was filed and on the date an opposition to the demurrer was due, Plaintiff filed an amended complaint pursuant to Code Civ. Proc. section 472 which allows a plaintiff to amend her complaint “once without leave of court” before a demurrer or answer is filed or after a demurrer is filed if the amended complaint is filed and served “no later than the date for filing an opposition to the demurrer.” (Code Civ. Proc. § 472.)   

The timely filed amended complaint moots the demurrer to the original complaint.  JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477 (“[A]n amendatory pleading supersedes the original one, which ceases to perform any function as a pleading … Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Thus, the filing of an amended complaint renders moot a demurrer to the original complaint.”) (citations omitted).)  

Accordingly, the Court OVERRULES the demurrer as moot. 

   

IT IS SO ORDERED. 

 

DATED: March 2, 2023 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court