Judge: Matthew C. Braner, Case: 37-2023-00012090-CU-BC-CTL, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - August 24, 2023

08/25/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00012090-CU-BC-CTL RIOS VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant General Motors LLC's demurrer is OVERRULED as moot.

Defendant's motion to strike is DENIED as moot.

'[T]he filing of an amended complaint renders moot a demurrer to the original complaint.' (JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477 [citing Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054]; see also Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884 ['[A]n amendatory pleading supersedes the original one, which ceases to perform any function as a pleading.'].) Here, Plaintiffs Jorge Rios and Magdalena Mayoral filed and served a first amended complaint on August 14, 2023, 10 court days prior to the hearing on Defendant's demurrer and motion to strike. (ROA #22.) Plaintiffs had the right to file the FAC without leave of court and did so within the time period for filing an opposition to the demurrer and motion to strike. (Code Civ. Proc., § 472, subd. (a) ['A party may amend its pleading once without leave of the court at any time . . . after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.'].) Accordingly, Defendant's demurrer is overruled and Defendant's motion to strike is denied.

Calendar No.: Event ID:  TENTATIVE RULINGS

2978599  7