Judge: Michael Shultz, Case: 24STCV11110, Date: 2024-12-03 Tentative Ruling
Case Number: 24STCV11110 Hearing Date: December 3, 2024 Dept: 40
24STCV11110 Francisco Javier Saucedo Cazares, et al. v.
American Honda Motor Co.
[TENTATIVE] ORDER TAKING OFF CALENDAR DEMURRER TO
COMPLAINT AND MOTION TO STRIKE
The
complaint alleges that Defendant issued a written warranty in connection with
Plaintiffs’ purchase of a vehicle manufactured by Defendant. The vehicle
developed defects which Defendant could not repair, and Defendant did not
repurchase or replace the vehicle in violation of the Song-Beverly Consumer
Warranty Act (“SBA”).
On August
19, 2024, Defendant filed a demurrer and motion to strike the complaint. On
October 30, 2024, before the date set for the hearing, the court continued the
hearing date to December 3, 2024. Oppositions to both motions were due on Monday,
November 18, 2024, nine court days before the hearing date. (Code
Civ. Proc., § 1005, subd. (b) [“All papers opposing a motion so noticed shall be filed
with the court and a copy served on each party at least nine court days, and
all reply papers at least five court days before the hearing.”].)
Plaintiff can amend the complaint once as
a matter of course "if the amended pleading is filed and served no later
than the date for filing an opposition to the demurrer or motion to strike."
(Code Civ. Proc., § 472.)
Plaintiffs filed the first amended
complaint on November 18, 2024. 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.