Gonzalez v. Chula Vista Elementary School District
- Proceeding
- district
- Area
- civil
- Panel
- Myron James Lorenz (author)
Analysis
Defendants moved to dismiss the first amended complaint, but Plaintiffs filed a second amended complaint in lieu of opposing the motions. The court denied the motions to dismiss as moot.
| What the court decided | The model |
|---|---|
Defendants' motions to dismiss the first amended complaint are denied as moot.“Accordingly, Defendants motions to dismiss the first amended complaint are DENIED as moot.” | agree with court The court correctly applied the procedural rule that a motion to dismiss a specific pleading becomes moot when that pleading is replaced by an amended complaint, particularly when the plaintiff files the amendment in lieu of opposing the motion. This is standard federal practice to avoid adjudicating a superseded document. |
The order itself: sound — The order is procedurally sound. It correctly identifies that the filing of the second amended complaint superseded the first amended complaint, rendering the pending motions to dismiss the first amended complaint moot. The citation to Ninth Circuit authority supports this procedural conclusion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 |} JOSE GONZALEZ, et al., Case No.: 21-cv-1314-L (DDL) 2 Plamatis| ORDER DENYING AS MOOT 13 |] v. MOTIONS TO DISMISS [ECF NO. 14 |} CHULA VISTA ELEMENTARY 27, 28, 30.| 15 SCHOOL DISTRICT, et al., 16 Defendants. 17 18 Pending before the Court are Defendants Chula Vista Elementary School District, 19 Jonathan Morello, and Benita K. Ritchie’s motions to dismiss the first amended 29 || complaint. [ECF No. 27, 28, 30.] On June 9, 2023, Plaintiffs filed a second amended 21 complaint in lieu of opposing the pending motions to dismiss. [ECF No. 51.] 22 Accordingly, Defendants motions to dismiss the first amended complaint are 23 || DENIED as moot. See Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th 24 || Cir. 2015). 25 IT IS SO ORDERED. 26 || Dated: June 9, 2023 1 yuo slate 77 Hi . James Lorenz United States District Judge 28