Judge: Nathan Vu, Case: 2022-01278859, Date: 2023-05-22 Tentative Ruling

Motion to Strike


Defendant Reliant Immediate Care Medical Group, Inc.’s Motion to Strike Portions of Plaintiff’s Complaint is taken OFF CALENDAR, as the matter is moot.


Defendant Reliant Immediate Care Medical Group, Inc. moves to strike allegations and the prayer for relief relating to punitive damages contained in the Complaint filed by Plaintiff Jonathan Vasquez.


Amending the Complaint


On May 1, 2023, Plaintiff filed a First Amended Complaint.


“’[A]n amendatory pleading supersedes the original one, which ceases to perform any function as a pleading.’” (Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054, quoting Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884.)


Thus, when a plaintiff files an amended complaint in response to a demurrer, the demurrer should be taken off calendar since the amended complaint superseded the complaint to which the demurrer was directed. (People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505-506.)


Here, Plaintiffs have filed the FAC. The FAC supersedes the original Complaint. Because the Motion to Strike seeks to attack the Complaint, which is no longer operative, the Motion to Strike is moot.


The court clerk will give notice of this ruling.