Judge: Armen Tamzarian, Case: 20STCV41972, Date: 2022-07-25 Tentative Ruling
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Case Number: 20STCV41972 Hearing Date: July 25, 2022 Dept: 52
Tentative Ruling
Defendant Civil Service Employees Insurance Company’s
Motion to Bifurcate Trial and Exclude Evidence Pursuant to Civil Code § 3295(d)
Defendant Civil Service Employees Insurance Company
moves to bifurcate trial on the amount of punitive damages and treble damages from
the remainder of the trial. Civil Code §
3295(d) provides:
The court shall, on
application of any defendant, preclude the admission of evidence of that
defendant’s [wealth] until after the trier of fact returns a verdict for
plaintiff awarding actual damages and finds that a defendant is guilty of
malice, oppression, or fraud ... . Evidence
of profit and financial condition shall be presented to the same trier of fact
that found for the plaintiff and found one or more defendants guilty of malice,
oppression, or fraud.
This provision “requires a court, upon application of
any defendant, to bifurcate a trial so that the trier of fact is
not presented with evidence of the defendant’s wealth and profits until
after the issues of liability, compensatory damages, and malice, oppression, or
fraud have been resolved against the defendant.” (Torres v. Automobile Club of So.
California (1997) 15 Cal.4th 771, 777–778.)
In addition to punitive damages under Civil Code
section 3294, plaintiffs Shapour Motamedi and Shervin Motamedi seek treble
damages for financial elder abuse. “[T]reble damages are, in the vast
majority of contexts, regarded as a primarily punitive form of
damages.” (X.M. v. Superior Court (2021)
68 Cal.App.5th 1014, 1023.) The court
finds it is more efficient to try the amount of enhanced or treble damages in
the same phase as the amount of punitive damages.
The motion is granted.
The court hereby bifurcates
the trial into: (1) a first phase on defendant’s liability, plaintiff’s
compensatory damages, and defendant’s liability for punitive damages under
Civil Code § 3294 and treble damages; and (2) if the jury finds defendant
liable for punitive or treble damages, a second phase to determine the amount
of punitive damages and enhanced or treble damages.
The court hereby precludes admission of evidence of
defendants’ profits or financial condition until the second phase of trial.