Stavrinides et al v. Bell Home Loans, Inc. et al

Filing 14

ORDER DENYING AS MOOT DEFERRED PORTION OF DEFENDANTS' MOTION TO DISMISS COMPLAINT. Signed by Judge Maxine M. Chesney on April 30, 2014. (mmclc2, COURT STAFF) (Filed on 4/30/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ELIAS STAVRINIDES, KRISTI
STAVRINIDES,

No. C 14-0573 MMC
ORDER DENYING AS MOOT
DEFERRED PORTION OF
DEFENDANTS’ MOTION TO DISMISS
COMPLAINT

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Plaintiffs,
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v.
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BELL HOME LOANS, INC.; MERS CORP;
ONEWEST BANK, FSB; MERIDIAN
FORECLOSURE SERVICE,

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Defendants.
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Before the Court is defendants OneWest Bank, FSB (“OneWest”) and Mortgage

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Electronic Registration Systems, Inc.’s (“MERS”) Motion to Dismiss Plaintiffs’ First
Amended Complaint, filed February 18, 2014. On April 2, 2014, the Court granted
defendants’ motion as to plaintiffs’ federal claims, afforded plaintiffs leave to amend those
claims, and deferred ruling on plaintiffs’ state law claims. On April 24, 2014, plaintiffs filed a
Second Amended Complaint, in which plaintiffs have alleged a single federal claim and
realleged their state claims. “[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).
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Accordingly, to the extent defendants’ motion seeks dismissal of plaintiffs’ state law
claims, the motion is hereby DENIED as moot.
IT IS SO ORDERED.

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Dated: April 30, 2014
MAXINE M. CHESNEY
United States District Judge

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