Brooke v. Kashl Corporation, 18cv2581 GPC NLS. (2018)
Court: District Court, N.D. California
Number: infdco20181218a75
Visitors: 5
Filed: Dec. 17, 2018
Latest Update: Dec. 17, 2018
Summary: ORDER DENYING MOTION TO DISMISS AS MOOT [ECF No. 3.] GONZALO P. CURIEL , District Judge . On February November 10, 2018, Plaintiff Theresa Brooke filed a complaint against Defendant Kashl Corporation alleging violations of the Americans with Disabilities Act and California's Unruh Civil Rights Act. (ECF No. 1.) On December 4, 2018, Kashl filed a motion to dismiss Brooke's claims and to declare her a vexatious litigant. (ECF No. 3.) On December 15, 2018, Brooke filed a first amended answer a
Summary: ORDER DENYING MOTION TO DISMISS AS MOOT [ECF No. 3.] GONZALO P. CURIEL , District Judge . On February November 10, 2018, Plaintiff Theresa Brooke filed a complaint against Defendant Kashl Corporation alleging violations of the Americans with Disabilities Act and California's Unruh Civil Rights Act. (ECF No. 1.) On December 4, 2018, Kashl filed a motion to dismiss Brooke's claims and to declare her a vexatious litigant. (ECF No. 3.) On December 15, 2018, Brooke filed a first amended answer as..
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ORDER DENYING MOTION TO DISMISS AS MOOT [ECF No. 3.]
GONZALO P. CURIEL, District Judge.
On February November 10, 2018, Plaintiff Theresa Brooke filed a complaint against Defendant Kashl Corporation alleging violations of the Americans with Disabilities Act and California's Unruh Civil Rights Act. (ECF No. 1.) On December 4, 2018, Kashl filed a motion to dismiss Brooke's claims and to declare her a vexatious litigant. (ECF No. 3.) On December 15, 2018, Brooke filed a first amended answer as a matter of course pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). (ECF No. 6.) Therefore, Kashl's motion to dismiss is moot. See Valadez-Lopez v. Chertoff, 656 F.3d 851, 857 (9th Cir. 2011) ("[I]t is well-established that an amended [pleading] supersedes the original, the latter being treated thereafter as non-existent." (internal quotation marks omitted)).
Accordingly, the Court denies without prejudice as moot Kashl's motion to dismiss (ECF No. 6). The motion hearing originally set for February 1, 2019 is still on calendar, but will only address that part of Kashl's motion that pertains to whether Plaintiff should be deemed a vexatious litigant.
IT IS SO ORDERED.
Source: Leagle
