Judge: Walter P. Schwarm, Case: 30-2022-01246295, Date: 2022-09-20 Tentative Ruling

Motion No. 1:

Defendants’ (Constructure, Inc., Benjamin J. Bohannon, and Bryan Bohannon) Demurrer to Complaint Filed by 18831 Von Karman Irvine Delaware LLC (Demurrer), filed on 4-18-22 under ROA Nos. 25 and 31, is 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.]” 

On 8-17-22 under ROA No. 71, Plaintiff (18831 Von Karman Irvine Delaware, LLC) filed a First Amended Complaint (FAC).  This FAC supersedes Plaintiff’s Complaint.  Since Defendants direct the Demurrer to the Complaint, the court finds that the Demurrer is MOOT and takes it OFF CALENDAR.

Plaintiff is to give notice.

Motion No. 1:

Defendants’ (Constructure, Inc., Benjamin J. Bohannon, and Bryan Bohannon) Motion to Strike Portions of the Complaint Filed by 18831 Von Karman Irvine Delaware LLC (Motion), filed on 4-18-22 under ROA Nos. 21 and 33, is 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.]” 

On 8-17-22 under ROA No. 71, Plaintiff (18831 Von Karman Irvine Delaware, LLC) filed a First Amended Complaint (FAC).  This FAC supersedes Plaintiff’s Complaint.  Since Defendants direct the Motion to the Complaint, the court finds that the Motion is MOOT and takes it OFF CALENDAR.

Plaintiff is to give notice.