Tip No. 5 The problem with amending the complaint…

It is elementary that when an amended complaint is filed the original complaint ceases to be the complaint in the action. It is entirely superseded by the amended complaint.  (W. H. Marston Co. v. Kochritz (1926) 80 Cal. App. 352, 361).

However, facts once alleged cannot be withdrawn from consideration by merely filing an amended pleading omitting them without explanation. Accordingly, the court may be fully justified in examining and considering the original complaint! (Neal v. Bank of America (1949) 93 Cal.App.2d 678, 682).  As the court explained in Silica Brick Co. v. Winsor a party should not be permitted to allege as ultimate facts [in an amended pleading] matters at variance with facts to which he had previously sworn.