Judge: Audra Mori, Case: 19STCV07913, Date: 2022-10-26 Tentative Ruling

Case Number: 19STCV07913    Hearing Date: October 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff F. Penel (“Plaintiff”) now moves to bifurcate the trial as to try all issues on Plaintiff’s complaint first and try issues in the cross-complaint second.  Defendants Gerald M. Friedman and Jennifer Lechter, as Successor Trustee of the Gerald M. Friedman Trust, oppose the motion, and Plaintiff filed a reply. 

Plaintiff’s motion to bifurcate is denied without prejudice to Plaintiff raising this issue for the trial judge to consider, on its own motion, at the time that the judge rules upon motions in limine.  The Court orders that the bifurcation briefing be included in the trial binders in Tab B along with any motions in limine filed in the case.  The Court recognizes that CRC Rule 3.57(c) states, “A motion in limine may not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues,” and thus this order should not be construed in a way that contradicts this rule.  Plaintiff may direct the trial court to this order, which should not be construed to in any way bind the trial court in making a bifurcation decision on its own motion.  

Plaintiff properly sought a bifurcation order in advance of the trial date.  (See CCP § 598 [court to issue order bifurcating case on noticed motion by the pretrial conference or, absent a pretrial conference, no later than 30 days in advance of trial].)  However, a trial court may also “on its own motion . . . make such an order at any time.”  (Id.)

On the facts of this case, and given that in the Personal Injury Court system this case will be tried by a different court than the Court ruling on this motion, the Court finds it appropriate for the trial judge to determine whether bifurcation is warranted.  In the PI Court system, the trial court rules on motions in limine, even those that significantly affect trial preparation.  While this bifurcation request is not a motion in limine, the logic of having the trial judge determine it here is similar.  The request for bifurcation here appears to be one for which the trial judge should make a discretionary determination based on its experience.

Accordingly, Plaintiff’s motion is denied without prejudice.

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 26^th day of October 2022