Judge: Michael Shultz, Case: 22CMCV00412, Date: 2023-03-16 Tentative Ruling

Case Number: 22CMCV00412    Hearing Date: March 16, 2023    Dept: A

22CMCV00412 Private Equity Funding, Inc. v. PR Logistics, LLC, et al.

Thursday, March 16, 2023 at 8:30 a.m.

[TENTATIVE] ORDER TAKING OFF CALENDAR FIVE DEMURRERS BY DEFENDANTS, PR LOGISTICS LLC, JULIETTA, LINK LOGISTICS SOLUTIONS, INC; JULIETA COLO; AND JENNY LEPE SET FOR MARCH 16, 2023, AND MARCH 30, 2023

            The complaint alleges that Defendants failed to pay for merchandise delivered to Defendants totaling $42,961.54. Plaintiff alleges claims for fraud, negligence, breach of contract, and open book account.

            Defendants filed a single demurrer to the original complaint on behalf of five Defendants with three demurrers scheduled for hearing on March 16, 2023, and two scheduled for March 30, 2023. Oppositions to the demurrers were due on March 3, 2023 and March 17, 2023, respectively.

            Plaintiff filed a first amended complaint on February 15, 2023, before the Plaintiff’s oppositions were due. Leave of court to file an amended pleading was not required under these circumstances. (Code Civ. Proc., § 472). As the amended pleading supersedes the original complaint, Defendants’ demurrers presently set to be heard are rendered moot and are taken off calendar. (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1035 ["An amended pleading supplants (i.e., entirely replaces) the prior pleading and it, standing alone, contains all the plaintiff's allegations and requests for relief.”]). For the same reason, the demurrers set for March 30, 2023, are advanced and taken off calendar.