If a plaintiff is dismissed with leave to amend, can the court refer to the prior pleading in their amended complaint?

MultiRegion, United States of America

The following excerpt is from Morris v. Mini, No. 2:12-cv-1774-TLN-CMK (E.D. Cal. 2016):

Plaintiff is further reminded that, as a general rule, an amended complaint supersedes the original complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Thus, following dismissal with leave to amend, all claims alleged in the original complaint which are not alleged in the amended complaint are waived. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Therefore, if plaintiff amends the complaint, the court cannot refer to the prior pleading in order to make plaintiff's amended complaint complete. See Local Rule 220. An amended complaint must be complete in itself without reference to any prior pleading. See id.

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