Judge: Thomas D. Long, Case: 20STLC01995, Date: 2023-04-14 Tentative Ruling

Case Number: 20STLC01995    Hearing Date: April 14, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 28, 2020, Plaintiff 4425 Maplewood LLC filed this action against Defendants Jesse Pimentel, Manuela Osmont, and Jason Goodlett.

On March 3, 2020, Plaintiff filed a first amended complaint (“FAC”).

On June 28, 2021, Plaintiff filed a request for entry of default and default judgment against Pimentel.  The Court entered default the same day.

On June 29, 2021, Plaintiff filed a second amended complaint (“SAC”).

On October 29, 2021, Plaintiff filed a third amended complaint (“TAC”).

On March 20, 2023, Plaintiff dismissed Osmont and Goodlett with prejudice.

On March 29, 2023, Plaintiff filed a declaration in support of default judgment.  On April 4, 2023, Plaintiff filed an ex parte application for entry of default judgment against Pimentel.

“‘It is well established that an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading.  (Citations.)’  [Citation.]  ‘Such amended pleading supplants all prior complaints.  It alone will be considered by the reviewing court.’”  (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884.)  “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.”  (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131.)

The FAC upon which default was entered against Pimentel has been superseded by the SAC, and the SAC has also been superseded by the TAC.  The TAC is the sole operative complaint in this action.

Pimentel has not defaulted on the TAC.  In fact, it does not even appear that he has been served with the TAC.  The most recent proof of service for Pimentel was filed on June 28, 2021, for service of the summons and FAC by substituted service on April 24, 2021.  If Plaintiff seeks a judgment against Pimentel, it must first serve him with the operative complaint and wait for him to respond or default.

The ex parte application for entry of default judgment is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

      Dated this 11th day of April 2023