Judge: Michael J. Strickroth, Case: 2023-01305492, Date: 2023-08-28 Tentative Ruling

Demurrer to Complaint

Defendant General Motors LLC’s Demurrer to the Complaint is taken Off-Calendar as moot. 

Code of Civil Procedure § 472 states: “(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or 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. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading. ¶ (b) This section shall not apply to a special motion brought pursuant to Section 425.16.”

JKC3H8 v. Colton, (2013) 221 Cal. App. 4th 468, 477, (JKC3H8) provides: “‘“[A]n 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, 92 Cal.Rptr. 162, 479 P.2d 362.) “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. [Citation.] [¶] Because there is but one complaint in a civil action [citation], the filing of an amended complaint moots a motion directed to a prior complaint. [Citation.]” (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130–1131, 109 Cal.Rptr.3d 88.) Thus, the filing of an amended complaint renders moot a demurrer to the original complaint. (Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054, 18 Cal.Rptr.3d 882.)”

Here, Plaintiff’s Opposition to the Demurrer was due on 8-15-23. On 8-11-23, Plaintiff filed a First Amended Complaint (ROA 30). The First Amended Complaint renders the demurrer moot.

Based on the foregoing, the Court takes Defendant General Motor LLC’s Demurrer to Plaintiff Jorge Sergio Morales-Reyes’ Complaint, filed on 3-14-23 under ROA 15, OFF-CALENDAR as moot.

Defendant to give notice.

On the Court’s own motion, defendant’s motion to strike punitive damages from the complaint, now set for hearing on 9/11/2023, is similarly rendered moot with the filing of a FAC on 8/11/2023.  Therefore, it is ordered off calendar for hearing on 9/11/2023.

Defendant to give notice.

Case Management Conference

As the case is not at issue with the filing of the FAC on 8/11/2023, the court on its own motion continues the case management conference to 2/26/2024, at 8:30 AM, in C15.

Defendant to give notice.