Motion to Strike Punitive Damages from Plaintiff’s Complaint
24CV026294: TARP vs GENERAL MOTORS, LLC., et al. 09/16/2025 Hearing on Motion to Strike Punitive Damages from Plaintiff's Complaint in Department 53
Tentative Ruling
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24CV026294: TARP vs GENERAL MOTORS, LLC., et al. 09/16/2025 Hearing on Motion to Strike Punitive Damages from Plaintiff's Complaint in Department 53
or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING: Defendant General Motors, LLCs motion to strike punitive damages from Plaintiff Kelly Tarps complaint is dropped as moot. Plaintiff filed a first amended complaint on September 2, 2025 pursuant to CCP § 472(a).
[A]n amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884.) 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. Because there is but one complaint in a civil action, 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 [citations omitted]) Thus, the filing of an amended complaint renders moot a demurrer to the original complaint. (JKC38H8 v. Colton (2013) 221 Cal.App.4th 468, 477.)
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.