MOUSA FINANCIAL SERVICES, LLC VS. ABDEL HAMODA ET AL

Matter on the Law & Motion / Discovery calendar for Tuesday, August 19, 2025, Line 4. DEFENDANT ABDEL HAMODA's MOTION FOR JUDGMENT ON THE PLEADINGS.

Defendant's motion for judgment on the pleadings is granted with 15 days leave to amend to file a pleading titled "Second Amended Complaint." Plaintiff declares that the First Amended Complaint ("FAC") was filed in error and it seeks leave to amend. (Sayer Decl., par. 4.) The FAC is presently the operative pleading since an amended pleading supersedes a prior one. (State Compensation Insurance Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130 ["an amended complaint supersedes all prior complaints."].) Therefore, defendant's arguments regarding the original complaint are moot.

The court notes that defendant's motion is an improper hybrid motion for judgment on the pleadings and demurrer. In addition, defendant raises several special demurrers (lack of legal capacity (CCP 430.10(b)), uncertainty CCP 430.10(f)), nature of contract cannot be ascertained (CCP 430.10(g)), but this is a limited jurisdiction case and such special demurrers are improper. (CCP 92(c) [special demurrers are not allowed in limited jurisdiction cases per the economic litigation rules].)

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