Does a plaintiff waives any error in a ruling to file an amended complaint?
MultiRegion, United States of America
The following excerpt is from Sacramento Coca-Cola Bot. Co. v. CHAUFFEURS, ETC., LOC. 150, 440 F.2d 1096 (9th Cir. 1971):
In Loux v. Rhay, 375 F.2d 55 (1967), this court held that the "amended complaint supersedes the original, the latter being treated thereafter as non-existent. (cases cited) By filing an amended complaint, plaintiff waives any error in the ruling to the original complaint." (cases cited)
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