Judge: Armen Tamzarian, Case: BC707628, Date: 2023-01-18 Tentative Ruling

Case Number: BC707628    Hearing Date: January 18, 2023    Dept: 52

Defendant Jamie Schloss’s Motion to Bifurcate Punitive Damages

Defendant Jamie Schloss moves to bifurcate trial on the amount of punitive damages from the remainder of the trial.  Such bifurcation is mandatory upon a defendant’s application.  (Civ. Code, § 3295(d).)  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.)  Defendant is entitled to an order bifurcating the trial on the amount of punitive damages.

Defendant’s motion to bifurcate trial on the amount of punitive damages is granted.

The court hereby bifurcates the trial into: (1) a jury trial on defendant’s liability, plaintiff’s compensatory damages, and defendant’s liability for punitive damages under Civil Code § 3294; and (2) if the jury finds defendant liable for punitive damages, a final phase to determine the amount of punitive damages.  The court hereby precludes admission of evidence of defendant’s profits or financial condition until the second phase of trial.