1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JULIA DELGADO GUTIERREZ, Case No.: 3:21-cv-02144-BEN-RBB

12 Plaintiff,

ORDER DENYING DEFENDANT’S

13 v. MOTION TO DISMISS AS MOOT

14 FORD MOTOR COMPANY, a [ECF No. 3] corporation; and DOES 1 through 10, 15 inclusive, 16 Defendants. 17 18 Before this Court is Defendant’s Motion to Dismiss (ECF No. 3). For the reasons 19 discussed below, Defendant’s Motion to Dismiss is DENIED as moot. 20 On November 20, 2021, Plaintiff filed a Complaint in Superior Court of California, 21 County of San Diego, alleging violations of California’s Song-Beverly Act stemming 22 from Plaintiff’s purchase of a 2020 Ford Explorer. ECF No. 1. Defendant, served with 23 the Complaint on December 2, 2021, timely removed the matter to this Court on 24 December 29, 2021. Id. On January 4, 2022, Defendant filed a motion to dismiss 25 pursuant to Fed. R. Civ. P. 12(b)(6). ECF No. 3. On January 25, 2022, while the motion 26 to dismiss was pending, Plaintiff filed an Amended Complaint as a matter of course 27 pursuant to Fed. R. Civ. P. 15(a)(1)(B). ECF No. 5. 28 1 A party may amend its pleading once as a matter of course within 21 days of 2 || service of a Rule 12(b) motion. Fed. R. Civ. P. 15(a)(1)(B). When an amended complaint 3 filed, it “supersedes the original, the latter being treated thereafter as non-existent.” 4 || Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) (citation omitted), 5 || overruled on other grounds by Lacey v. Maricopa Cty., 693 F.3d 896, 928 (9th Cir. 6 ||2012). Where a motion to dismiss targets a complaint that has been superseded by an 7 |}amended complaint, the court should deem the motion to dismiss moot. Ramirez v. Cty. 8 ||of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Here, Defendant’s motion to 9 || dismiss targeted Plaintiff's initial Complaint, which was superseded on January 25, 2022 10 || by the Amended Complaint. ECF No. 5. Accordingly, Defendant’s motion to dismiss is 11 |} DENIED as moot. Defendant shall have leave to file a renewed motion to dismiss 12 || targeting the Amended Complaint. 13 14 IT IS SO ORDERED. "

15 Dated: January 27, 2022 16 HON. ROGER T. BENITEZ 7 United States District Judge

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