The demurrer brought by Ascentium Capital, LLC set for 4-11-17 is off calendar based on the First Amended Complaint filed on 3-23-17 by Plaintiff. JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477 stated, “[A]n amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. 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. Thus, the filing of an amended complaint renders moot a demurrer to the original complaint.” (Internal quotation marks and citations omitted.)
Hearing Date
April 11, 2017
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The demurrer brought by Ascentium Capital, LLC set for 4-11-17 is off calendar based on the First Amended Complaint filed on 3-23-17 by Plaintiff. JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477 stated, “[A]n amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. 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. Thus, the filing of an amended complaint renders moot a demurrer to the original complaint.” (Internal quotation marks and citations omitted.)