Motion for Summary Judgment #1:

In light of the Plaintiffs filing a Second Amended Complaint on 03/03/14, Defendant’s Motion for Summary Judgment/Summary Adjudication of Issues is moot, as it was directed to the superseded First Amended Complaint. The filing of an amended complaint moots a motion directed at the prior complaint. State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131; Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054.

This ruling is without prejudice to the filing of a motion for summary judgment or summary adjudication directed to the operative complaint.

Moving party to give notice.

Motion for Terminating/evidentiary and Issue Sanctions #2:

Based upon Plaintiff’s failure to timely file and serve their opposition to this motion, notwithstanding the court’s granting the Plaintiffs several weeks addition time to file and serve the same, in direct violation of this Court’s 01/29/14 Order, the court exercises its discretion under CRC 3.1300(d) and declines to consider Plaintiff’s untimely Opposition to this motion. Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614 [overruled on other grounds in Colmenares v. Braemar Country Club, Inc. (1999) 29 Cal.4th 1019].

Defendants, Bank of America, NA, BAC GP, LLC & Mortgage Electronic Registration Systems, Inc.’s Motion for Issuance of Terminating and/or Issue or Evidentiary Sanctions is granted in part. The court is striking all objections from each of Plaintiff’s Amended Responses to Discovery attached to Defendant’s Motion as Exhibit C.

Defendant’s request for additional monetary sanctions is granted against all Plaintiffs jointly and severally, in the amount of $3,660, payable to Defendant’s counsel within 20 days of the hearing of this motion.

Moving party to give notice.

Case 11-502774