Judge: Nathan Vu, Case: 2022-01259287, Date: 2022-10-03 Tentative Ruling

Demurrer

Motion to Strike

Defendant City of San Juan Capistrano’s Demurrer and Motion to Strike is TAKEN OFF CALENDAR as moot.

Plaintiff Mauricio Osorio timely filed a First Amended Complaint (FAC) in this matter on 09/19/2022. An amended pleading supersedes the original pleading, which ceases to perform any function as a pleading, and the amended pleading alone will be considered by the reviewing court. (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884.)

The FAC therefore supersedes the original Complaint and the original Complaint ceases to have any effect as a pleading or as a basis for a judgment. (McMillin Companies, LLC v. American Safety Indemnity Co. (2015) 233 Cal.App.4th 518, citing State Comp. Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131; see also People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505–506 [when plaintiff filed an amended complaint, defendant's demurrer to the original complaint should have been taken off calendar as moot].)

Defendant’s demurrer to the original Complaint and motion to strike portions of the original Complaint are therefore moot.

Plaintiff shall give notice of this ruling.