Judge: Walter P. Schwarm, Case: 30-2022-01240868, Date: 2022-08-09 Tentative Ruling

Based on the filing of the First Amended Complaint on 7-27-22 under ROA No. 46, the court takes Defendant’s (Local Initiative Health Authority for Los Angeles County dba L.A. Care Health Plan) Demurrer to Plaintiff’s Complaint (filed on 3-24-22 under ROA No. 15, and scheduled for hearing on 8-9-22) OFF CALENDAR as MOOT.

JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477 states, “ ‘ “[A]n amendatory pleading supersedes the original one, which ceases to perform any function as a pleading.” ’ [Citation.]  ‘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.]’ [Citation.] Thus, the filing of an amended complaint renders moot a demurrer to the original complaint. [Citation.]” 

The Case Management Conference set on 8-9-22 at 9:00 a.m. in Department C32 remains on calendar.