Re: National Union Fire Ins. Co. of PA v. Prime Intermodal, Inc.
Superior Court No. 17CECG02236
Hearing Date: Wednesday February 14, 2018 (Dept. 502 for 402)
Motion: Cross-Defendant AMK Ins. Agency, Inc.’s Motion to Strike Cross-
Complainant’s prayer for attorney’s fees.
Tentative Ruling:

To order off calendar.

Explanation:

Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. (JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477; State Comp. 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.)

Here, on January 31, 2018, Cross-Complainant timely filed its First Amended Cross-Complaint. Cross-Defendant’s motion to strike is therefore moot, as it is directed at Cross-Complainant’s original Cross- Complaint.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling
Issued By: DSB on 02/09/18
(Judge’s initials) (Date)