WEBER VS. MORADO

Defendants Corinne Morado; Gencare Connects, Inc.; and Daian Corporation’s Demurrer to the Complaint is DENIED as moot. “The filing of the first amended complaint rendered the defendant's demurrer moot since an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading.” (Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054, (cleaned up).) “A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.” (Code Civ.

Proc., § 472(a).) Plaintiff filed an Amended Complaint on January 30, 2026. Thus, the Complaint ceased to function as a pleading and the Demurrer to the Complaint is moot.