Bank of America N.A. vs. Kennith Lepley
Order to Show Cause re Dismissal
Motion type
Parties
Ruling
April 27, 2026 Truckee Civil Law & Motion Tentative Rulings
1. CL0003594 Bank of America N.A. vs. Kennith Lepley
Appearance required by Plaintiff to show cause as to why this case should not be dismissed and/or Plaintiff sanctioned for failure to serve the Summons and Complaint on Defendant despite the fact this case has been pending for almost five (5) months. Absent good cause being shown, the Court intends, on its own motion, to set the matter for dismissal pursuant to CCP section 583.420 and vacate the trial date set for August 21, 2026 at 11:00 a.m.
2. CL0003631 JPMorgan Chase Bank N.A. vs. Kristina L Miranda
Appearance required by Plaintiff to show cause as to why this case should not be dismissed and/or Plaintiff sanctioned for failure to serve the Summons and Complaint on Defendant despite the fact this case has been pending for almost four (4) months. Absent good cause being shown, the Court intends, on its own motion, to set the matter for dismissal pursuant to CCP section 583.420 and vacate the trial date set for August 21, 2026 at 11:00 a.m.
3. CL0003636 JPMorgan Chase Bank N.A. vs. Paul G Casasco
No appearance required. Based on the filing of a proof of service filed on April 9, 2026 indicating the sole named defendant was personally served on April 6, 2026 and on the Court’s own motion, the OSC is VACATED.
4. CU0001187 Yan Kalika vs. Sugar Bowl Corporation, a California corporation
Defendant Sugar Bowl Corporation’s Motion for Summary Adjudication against Cross- Defendant Vaysman is DENIED.
Standard of Review
Code of Civil Procedure 437c(f)(1) provides, “A party may move for summary adjudication as to one or more causes of action within an action.” Such “[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action....” Code Civ. Proc. §437c(f)(1). The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843). In analyzing such motions, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294. Thus, summary judgment or summary adjudication is granted when, after the court’s consideration of the evidence set forth in the papers and all reasonable inferences accordingly, no triable issues of fact exist and the moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c); Villa v. McFarren (1995) 35 Cal.App.4th 733, 741.
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