Phan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RYAN PHAN, CASE NO. 19-cv-05713-YGR

Plaintiff,

ORDER DENYING DEFENDANT’S MOTION

vs. FOR SUMMARY JUDGMENT

COSTCO WHOLESALE CORPORATION, Re: Dkt. No. 36 Defendant.

This case will be resolved on issues of credibility. While this slip-and-fall case is not among the most serious cases the Court must oversee, sufficient unanswered questions remain warranting DENIAL of defendant Costco Wholesale Corporation’s (“Costco”) motion for summary judgment and resolution by way of jury trial. I. LEGAL STANDARD Summary judgment is appropriate when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “A party asserting that a fact cannot be or is genuinely disputed must support that assertion by . . . citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits, or…