Mid Valley Bank v. North Valley Bank

ORDER

This matter is before the court on various motions. For the reasons I explain below, (1) all motions for summary judgment are denied; (2) defendant North Valley Bank’s (“NVB”) motion to strike plaintiff’s jury demand is granted; (3) plaintiff’s motion to withdraw admissions is granted and sanctions are imposed; (4) defendant NVB’s motion for sanctions is denied, and defendants Shell Oil Company’s (“Shell”) and Della Mae Montgomery’s (“Montgomery”) motions for sanctions are granted.

I

SUMMARY JUDGMENT STANDARDS UNDER FED.R.CIV.P.

Summary judgment is appropriate when it is demonstrated that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 , 90 S.Ct. 1598, 1608 , 26 L.Ed.2d 142 (1970); Poller v. Columbia Broadcasting System, 368 U.S. 464, 467 , 82 S.Ct. 486, 488 , 7 L.Ed.2d 458 (1962); Jung v. FMC Corp., 755 F.2d 708, 710 (9th Cir.1985); Loehr v. Ventura County Community College Dist., 743 F.2d 1310 , 1313 (9th Cir.1984).

Under summary judgment practice, the moving party

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