Orlando Garcia v. Apple Seven Services SPE San Diego, Inc.
Trial Court Opinion
O
United States District Court
Central District of California
ORLANDO GARCIA, Case № 2:21-cv-00841-ODW (PVCx) Plaintiff,
ORDER DENYING MOTION TO v.
DISMISS AS MOOT [7]
APPLE SEVEN SERVICES SPE SAN
DIEGO, INC.,
Defendants.
Defendant Apple Seven Services SPE San Diego, Inc. served Plaintiff Orlando Garcia with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case on February 21, 2021. (ECF No. 7.) On March 5, 2021, Plaintiff filed a First Amended Complaint, less than twenty-one days after Defendant filed its responsive pleading. (ECF No. 9.) Federal Rule of Civil Procedure 15(a)(1) allows Plaintiffs to file an amended complaint once as a matter of course within twenty-one days of service with a Rule 12(b) motion. Therefore, Plaintiff's amended complaint was proper. As the pending motion to dismiss was based on a complaint that is no longer operative, the motion is DENIED as MOOT. See Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).
IT IS SO ORDERED.
March 11, 2021 ss . wg
Gd lliid
OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE
Case-law data current through September 30, 2026. Source: CourtListener bulk data.