| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Demurrer
23CV012519: BARNHART, et al. vs KUSTOM US, INC., et al. 09/13/2024 Hearing on Demurrer in Department 22
Tentative Ruling
Defendant Kustoms US, Inc.s demurrer is DROPPED as moot.
Plaintiff Gary Barnhart (Plaintiff) filed a First Amended Complaint on August 30, 2024, as was Plaintiffs right pursuant to Code of Civil Procedure (CCP) section 472. The filing of the amended pleading no later than the date the opposition to the demurrer was due renders the demurrer moot. (CCP § 472(a).)
An amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. Thus, an amended complaint supersedes all prior complaints. 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. Once an amended complaint is filed, it is error to determine a cause of action contained in a previous complaint. (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1129-1131; see Weil & Brown, Cal. Prac. Guide: Civil Procedure Before Trial (The Rutter Group 2024) ¶¶ 7:122.15-16.)
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required
To request oral argument on this matter, you must call Department 22 at (916) 874-5762 by 4:00 p.m., the court day before this hearing and notification of oral argument must be made to the opposing party/counsel. If no call is made, the tentative ruling becomes the order of the court. (Local Rule 1.06.)
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23CV012519: BARNHART, et al. vs KUSTOM US, INC., et al. 09/13/2024 Hearing on Demurrer in Department 22
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