Velarde et al v. Wells Fargo Bank N.A. et al

Filing 29

ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS; VACATING HEARING. Defendant First American LoanStar Trustee Services' Motion to Dismiss plaintiffs' complaint is denied as moot, and the July 30, 2010 hearing is vacated. Signed by Judge Susan Illston for Maxine M. Chesney on July 8, 2010. (mmclc2, COURT STAFF) (Filed on 7/8/2010) Modified on 7/8/2010.

Velarde et al v. Wells Fargo Bank N.A. et al

Doc. 29

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A motion to dismiss is not a "responsive pleading." See Crum v. Circus Circus Enterprises, 231 F.3d 1129, 1130 n. 3 (9th Cir. 2000).
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JOSEFINO VELARDE, et al., Plaintiffs, v. WELLS FARGO BANK, N.A., et al. Defendants. /

No. C 10-2255 MMC ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS; VACATING HEARING

United States District Court

Before the Court is defendant First American LoanStar Trustee Services' ("First American") Motion to Dismiss, filed May 28, 2010 and thereafter noticed for hearing on July 30, 2010. On June 18, 2010, plaintiffs Josefino Velarde and Carmelita Mendoza Velarde filed a First Amended Complaint. A party may amend a pleading "once as a matter of course" if no defendant files a responsive pleading within "21 days after service of a motion under Rule 12(b), (e), or (f)." See Fed. R. Civ. P. 15(a)(1)(B).1 "[A]n amended pleading supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957). Accordingly, the Court hereby DENIES as moot defendant First American's Motion

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to Dismiss, and VACATES the July 30, 2010 hearing thereon. IT IS SO ORDERED.

Dated: July 8, 2010

/s/ SUSAN ILLSTON for MAXINE M. CHESNEY United States District Judge

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