When will a court refer to a prior pleading in an amended complaint?

MultiRegion, United States of America

The following excerpt is from Moore v. Ali, No. 2:19-cv-0332 KJN P (E.D. Cal. 2019):

In addition, plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This requirement exists because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged. That said, plaintiff may request that the court append his prior exhibits to his proposed amended complaint and not re-submit them.

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