Rios

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 MARY RIOS, Case No. 3:21-cv-00333-L-LL 11 Plaintiff, ORDER DENYING MOTION TO DISMISS AS MOOT AND v. R CE OM URA TN DING ACTION TO STATE

PINNACLE MIRA MESA L.P., (Doc. no. 9)

Defendant. 16 Pending before the Court is Defendant’s motion to dismiss Plaintiff’s complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). (Doc. no. 9.) In lieu of filing an opposition, Plaintiff filed an amended complaint as of right pursuant to Federal Rule of Civil Procedure 15(a)(1). (Docs. no. 11, 12.) Accordingly, the pending motion to dismiss is DENIED AS MOOT. See Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). In her amended complaint Plaintiff chose not to reallege her federal cause of action. (See docs. no. 12, 13.) Defendant had removed this case from State court pursuant to 28 U.S.C. §§ 1441 and 1331 because the complaint contained a federal claim alleging violation of…