Vuz
Vuz v. DCSS III, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 ASHLEY R. VUZ, an individual, Case No.: 3:20-cv-00246-H-AGS
Plaintiff,
ORDER DENYING AS MOOT
v. DEFENDANTS’ MOTION TO
DISMISS
DCSS III, INC., a California corporation
dba GOSSIP GRILL, et al., [Doc. No. 22.] Defendants.
19 Currently pending before the court is Defendants’ motion to dismiss. (Doc. No. 22.) On March 27, 2020, Defendants filed their motion to dismiss. (Id.) On April 17, 2020, Plaintiff filed an amended complaint. (Doc. No. 33.) “A party may amend its pleading once as a matter of course . . . 21 days after service of a motion under Rule 12(b), (e), or (f) . . . .” Fed. R. Civ. P. 15(a)(1)(B). Plaintiff therefore had a right to file an amended complaint without leave of the court. An amended complaint supersedes a prior complaint as a pleading. Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542,…