Judge: Matthew C. Braner, Case: 37-2023-00045250-CU-BC-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2023-00045250-CU-BC-CTL TRUJILLO VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant General Motors LLC's demurrer to the original complaint 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 and Ofelia Trujillo served a first amended complaint on February 16, 2024. (ROA #16.) Plaintiffs had the right to file the FAC without leave of court and did so by the date for filing an opposition to Defendant's 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 as moot and its motion to strike is denied as moot.

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