Judge: Richard Y. Lee, Case: 30-2021-01222398, Date: 2022-10-06 Tentative Ruling

Defendant, the Horizons Community Association (“Horizons”) moves for an order striking irrelevant, false, or improper matter regarding recovery of punitive damages against it, and specifically, the following portions of the First Amended Complaint:  the entirety of the sentence at 8:20; the entirety of the sentences at 10:2-5; the entirety of the sentence at 10:14; the entirety of the sentence at 11:10-11; the entirety of paragraph 57 at 12:9-11; and the Prayer at paragraph 11.

The instant motion to strike portions of Plaintiff’s FAC was filed on May 24, 2022 by Horizons. (ROA 79.) However, on August 18, 2022, the Court granted, in part, a motion to strike portions of the FAC that was filed by Defendant, Anaheim Hills Planned Community Association, and allowed Plaintiffs leave to amend. On September 13, 2022, Plaintiffs filed a Second Amended Complaint.

When a plaintiff files an amended complaint after a demurrer or motion directed to the prior complaint is filed, but before they are decided, the demurrer or motion becomes moot. (JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477.) As explained by the Court of Appeal in JKC3H8 v. Colton (2013) 221 Cal.App.4th 468:

“ ‘ “[A]n amendatory pleading supersedes the original one, which ceases to perform any function as a pleading.” ’ ” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884.) “The amended complaint furnishes the sole basis for the cause of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. [Citation.] [¶] Because there is but one complaint in a civil action [citation], the filing of an amended complaint moots a motion directed to a prior complaint. [Citation.]” (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130–1131.)

(JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477.)

Here, Plaintiffs’ filing of the operative Second Amended Complaint after the instant motion directed towards the FAC was filed, renders the instant motion moot. Thus, the Court takes the instant motion to strike OFF-CALENDAR.

Plaintiffs to give notice.