Judge: Loren G. Freestone, Case: 37-2022-00049056-CU-PL-CTL, Date: 2023-10-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 17, 2023

10/19/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Product Liability Demurrer / Motion to Strike 37-2022-00049056-CU-PL-CTL GAMEZ VS SEMPRA ENERGY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Sempra Energy, Sempra LNG International, LLC, Sempra LNG, LLC and Sempra Infrastructure Partners, LP's ('Sempra Defendants') demurrer to all four causes of action is OFF CALENDAR as moot.

'A party may amend its pleading once without leave of the court...after a demurrer...is filed but before the demurrer...is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer...' (Code Civ. Proc., § 472.) An 'amendatory pleading supersedes the original one, which ceases to perform any function as a pleading.' (People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505–506.) As such, when a complaint is amended, a demurrer or motion to strike directed at the superseded pleading becomes moot and should be taken off calendar. (See ibid.; see also Super. Ct. San Diego County, Local Rules, rule 2.1.20.) Plaintiffs Yancy Gamez and Mariana Lopez ('Plaintiffs') timely filed a first amended complaint on September 29, 2023, ahead of the deadline to file an opposition. As such, Sempra Defendants' demurrer to the original complaint is moot.

In light of the above, the demurrer is off calendar.

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