Judge: Walter P. Schwarm, Case: 30-2022-01258615, Date: 2022-11-22 Tentative Ruling

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 11-8-22 under ROA No. 37, Plaintiff (Rosalina Ramirez) filed a First Amended Complaint (FAC).  This FAC supersedes Plaintiff’s Complaint filed on 5-9-22 under ROA No. 2.  Since Defendant (LPE Management, LLC) directed its Motion to Strike Portions of Plaintiff’s Complaint (filed on 6-17-22 under ROA No. 14, and scheduled for hearing on 11-22-22) and Demurrer to Plaintiff Rosalina Ramirez’s Complaint (filed on 6-17-22 under ROA No. 23, and scheduled for hearing on 11-22-22), the court finds that the Demurrer and Motion to Strike are MOOT and takes them OFF CALENDAR.