Judge: Lee W. Tsao, Case: 21NWCV00400, Date: 2023-05-04 Tentative Ruling

Case Number: 21NWCV00400    Hearing Date: May 4, 2023    Dept: C

THE WINDMILL CO. INC. v. SEDRAK

CASE NO.:  21NWCV00400

HEARING:  05/04/23

#8

TENTATIVE ORDER

Defendant O&C HILLSIDE RESOURCES MANAGEMENT’s Motion for Summary Judgment/Summary Adjudication is OFF-CALENDAR.

Defendant SEDRAK’s Motion for Summary Judgment/Summary Adjudication is OFF-CALENDAR.

Plaintiff to give Notice.

This breach of contract action was filed on June 21, 2021.

The subject Motions for Summary Judgment/Adjudication were filed on December 2, 2022.

On February 6, 2023, this Court GRANTED Plaintiff’s Ex Parte Application for Leave to File a First Amended Complaint.

On February 9, 2023, Defendants SEDRAK and O&C HILLSIDE (collectively “Defendants”) filed a Motion for Reconsideration of this Court’s February 6, 2023 Order Granting Leave to File an Amended Complaint. Defendant’s Motion for Reconsideration is set for hearing on August 10, 2023—after trial (July 11, 2023). To date, no Motion/Request to advance the hearing on the Motion for Reconsideration has been raised. 

For all intents and purposes, the First Amended Complaint deemed filed on February 6, 2023 is the operative pleading.

The First Amended Complaint moots the Motions directed toward the original Complaint. “It is well established that an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading.” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884.) Thus, an amended complaint supersedes all prior complaints. (Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4th 1300, 1307.) “The amended complaint furnishes the sole basis for the cause of action and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. [Cite]” (State Compensation Ins. Fund. v. Superior Court (2010) 184 Cal.App.4th 1124, 1130-1131.) “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, once an amended complaint is filed, it is error to grant summary adjudication on a cause of action contained in a previous complaint. [Internal Citations Omitted.]” (Id.)

The Motion is placed OFF-CALENDAR as MOOT.