Judge: Michael Shultz, Case: 24STCV08682, Date: 2024-12-03 Tentative Ruling
Case Number: 24STCV08682 Hearing Date: December 3, 2024 Dept: 40
24STCV08682 1500 W. Highland, LLC, et al. v. Oregon Trail
Corporation, et al.
[TENTATIVE] ORDER
The
complaint alleges claims for rescission of contract regarding four loans issued by Defendants to Plaintiffs
in which Defendants allegedly charged usurious interest rates. Plaintiffs
allege claims for rescission, unfair competition, negligence per se, and other
related causes of action.
On October
9, 2024, Defendants filed a demurrer and motion to strike the complaint. Opposition
to both motions was due on Tuesday, November 12, 2024, nine court days before
the scheduled hearing date of November 25, 2024, which has since been continued by the court to
December 3, 2024. (Code
Civ. Proc., § 1005, subd. (b).)
Plaintiff
filed a first amended complaint on October 29, 2024, well before the date its
oppositions were due. (Code
Civ. Proc., § 472.) The
complaint on which demurrer and motion to strike are taken is no longer
operative. (Fireman's Fund Ins. Co. v. Sparks
Construction, Inc. (2004) 114 Cal.App.4th 1135, 1144. [“It is well established that an
amendatory pleading supersedes the original one, which ceases to perform any
function as a pleading.”].)
Accordingly,
the demurrer and motion to strike the original complaint is taken OFF CALENDAR.