Judge: Cherol J. Nellon, Case: 20STCV28856, Date: 2023-04-12 Tentative Ruling

Case Number: 20STCV28856    Hearing Date: April 12, 2023    Dept: 28

Motion to Bifurcate Issues of Liability and Damages at Trial

Having considered the moving, opposition, and reply papers, the Court rules as follows.

BACKGROUND

On May 20, 2021, Plaintiff Elaine Deshea Moutray (“Plaintiff”) filed the operative second amended complaint against Defendants Ernest Jimenez and 1st Solution, Inc. (“Defendants”) and Does 1 through 50 for 1) negligence and 2) motor vehicle owner liability (permissive use of vehicle) arising from an automobile collision that occurred on or about September 30, 2019.

On March 20, 2023, Defendants filed a motion to bifurcate issues of liability and damages at trial.  Plaintiff filed an opposition on March 29, 2023.  Defendants filed a reply on April 5, 2023.

Trial is set for May 11, 2023.

PARTY’S REQUEST

            Defendant moves for a separate trial on the issue of liability to precede the trial of any damages issues in this action.

DISCUSSION

The motion is continued to the trial date and will be considered by the trial court.

CONCLUSION

Based on the foregoing, the motion to bifurcate is CONTINUED to May 11, 2023.

Defendants are ordered to give notice of this ruling.

Defendants are ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.