Q: First or Second is operational in this situation: re Motion for protective order
For the purpose of Motion for protective order from authorization to release medical information:
Is First Amended or Second Amended complaint is deemed operational?
(Second amended complaint superseded First Amended Complaint, but hearing on Demurrer on SAC is pending.
SAC was ordered by Court at the hearing on demurrer on FAC).
A:
Under California law, when an amended complaint is filed, it typically supersedes the previous complaint and becomes the operative pleading. However, the specific circumstances you've described make the situation a bit more complex. Let's break it down:
1. The Second Amended Complaint (SAC) was filed, which would normally supersede the First Amended Complaint (FAC).
2. However, there is a pending hearing on a demurrer to the SAC. A demurrer is a legal objection to the sufficiency of the complaint, and the court's ruling on the demurrer will determine whether the SAC is legally sufficient to proceed.
3. The court ordered the SAC to be filed during the hearing on the demurrer to the FAC.
Given these circumstances, the operative complaint for the purposes of a motion for a protective order would likely be the Second Amended Complaint (SAC), as it is the most recent complaint filed and was ordered by the court.
However, if the court sustains the demurrer to the SAC without leave to amend, the SAC may be dismissed, and the FAC could potentially become the operative complaint again. If the court sustains the demurrer with leave to amend, the plaintiff would have the opportunity to file a Third Amended Complaint.
In summary, based on the information provided, the SAC is likely the operative complaint for the purposes of the motion for a protective order, but the ultimate determination may depend on the outcome of the pending hearing on the demurrer to the SAC.
It's always best to consult with a licensed California attorney who can review the specific details of your case and provide guidance tailored to your situation.
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