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Ambriz v. Accredited Home Lenders

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 6, 2010

ERNESTO AMBRIZ, PLAINTIFF,
v.
ACCREDITED HOME LENDERS, INC., DEFENDANTS.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER DENYING AS MOOT MOTION TO STRIKE AND TO DISMISS [doc. nos. 6, 9]

On May 28, 2010, defendants Vericrest Financial, Inc. fka The CIT Group and The Bank of New York Melon fka The Bank of New York filed a motion to strike portions of plaintiff's complaint, and on June 2, 2010, these defendants filed a motion to dismiss the complaint. Rather than respond to defendants' motions, plaintiff filed an amended complaint on June 17, 2010.

An amended complaint supersedes a prior complaint as a pleading. Forsyth v. Humana, , 114 F.3d 1467, 1474 (9th Cir. 1997); Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). Accordingly, when a plaintiff elects to file an amended complaint in conformity with Federal Rule of Civil Procedure 15(a), a district court may treat an existing motion to dismiss as moot.

Based on the foregoing, the Court DENIES AS MOOT defendants' motions to strike portions of the complaint [doc. #6] and to dismiss the complaint [doc. #9]. Defendants' motions to dismiss the first amended complaint [doc. # 13] and to expunge lis pendens [doc. #14] remain set for hearing on August 23, 2010.

IT IS SO ORDERED.

HON. WILLIAM MCCURINE, JR. UNITED STATES MAGISTRATE JUDGE

20100706

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