Judge: Michael Shultz, Case: 23CMCV00183, Date: 2023-05-04 Tentative Ruling

Case Number: 23CMCV00183    Hearing Date: May 4, 2023    Dept: A

23CMCV00183 James Shayler v. Burger King Company

Thursday, May 4, 2023 at 8:30 a.m.

[TENTATIVE] ORDER TAKING DEMURRER TO PLAINTIFF’S COMPLAINT OFF CALENDAR  

            The complaint alleges claims for violation of the Unruh Civil Rights Act against Defendant, whose business establishment allegedly had barriers that prevented Plaintiff’s access.

            Defendant filed a demurrer on April 10, 2023. Plaintiff filed a first amended complaint on April 25, 2023, at the time Plaintiff’s opposition to the demurrer was due (nine court days before the hearing). (Code Civ. Proc., § 1005.) As the amended pleading supersedes the original complaint, the demurrer is rendered moot and is 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.”]).