Ambriz v. Accredited Home Lenders, Inc. et al
Filing
16
ORDER Denying as Moot 6 Motion to Strike and 9 Motion to Dismiss: Defendants' motions to dismiss the first amended complaint 13 and to expunge lis pendens 14 remain set for hearing on August 23, 2010. Signed by Judge M. James Lorenz on 7/6/2010. (mjj)
<![CDATA[
-WMC Ambriz v. Accredited Home Lenders, Inc. et al
Doc. 16
1 2 3 4 5 6 7 8 9 10 11 ERNESTO AMBRIZ, 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) v. ) ACCREDITED HOME LENDERS, INC., ) ) et al., ) ) Defendants. ) Civil No. 10cv460 L(WMc) ORDER DENYING AS MOOT MOTION TO STRIKE AND TO DISMISS [doc. nos. 6, 9] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
On May 28, 2010, defendants Vericrest Financial, Inc. fka The CIT Group and The Bank
18 of New York Melon fka The Bank of New York filed a motion to strike portions of plaintiff's 19 complaint, and on June 2, 2010, these defendants filed a motion to dismiss the complaint. 20 Rather than respond to defendants' motions, plaintiff filed an amended complaint on June 17, 21 2010. 22 An amended complaint supersedes a prior complaint as a pleading. Forsyth v. Humana,
23 Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 24 F.2d 1542, 1546 (9th Cir. 1990). Accordingly, when a plaintiff elects to file an amended 25 complaint in conformity with Federal Rule of Civil Procedure 15(a), a district court may treat an 26 existing motion to dismiss as moot. 27 Based on the foregoing, the Court DENIES AS MOOT defendants' motions to strike
28 portions of the complaint [doc. #6] and to dismiss the complaint [doc. #9]. Defendants' motions
10cv460
Dockets.Justia.com
1 to dismiss the first amended complaint [doc. # 13] and to expunge lis pendens [doc. #14] remain 2 set for hearing on August 23, 2010. 3 IT IS SO ORDERED.
4 DATED: July 6, 2010 5 6 7 COPY TO: 8 HON. WILLIAM MCCURINE, JR. UNITED STATES MAGISTRATE JUDGE 9 10 ALL PARTIES/COUNSEL 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2
10cv460
M. James Lorenz United States District Court Judge
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
