Judge: Cherol J. Nellon, Case: 21STCV18978, Date: 2023-05-15 Tentative Ruling

Case Number: 21STCV18978    Hearing Date: May 15, 2023    Dept: 28

Defendant Sukhvinder Singh Grewal, Federal Express Corporation and ARI Fleet Lease Trust’s Motion to Bifurcate Trial

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

BACKGROUND

On May 20, 2021, Plaintiff Daniel Hector Montiel (“Plaintiff”) filed this action against Defendants Xavier Trenton Holland (“Holland”), Antwon M. Kirkland (“Kirkland”), Sukhvinder Singh Grewal (“Grewal”), Federal Express Corporation (“FEC”) and ARI Fleet Lease Trust (“ARI”) for negligence, negligence per se and negligent entrustment.

On September 7, 2021, Plaintiff filed the FAC, removing the cause of action for negligence per se.

On September 16, 2021, Grewal and FEC filed an answer and a Cross-Complaint against Cross-Defendants Holland and Kirkland for indemnity, contribution, proration, declaratory relief, civil code § 1431 and property damage. On October 18, 2021, Holland and Kirkland filed an answer.

On April 7, 2023, FEC, ARI and Grewal (“Moving Defendants”) filed a Motion to Bifurcate to be heard on May 15, 2023. On April 17, 2023, Plaintiff filed an opposition. On May 8, 2023, FEC filed a reply.

Trial is currently scheduled for September 21, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court bifurcate liability and damages.

Plaintiff requests the Court deny the motion.

DISCUSSION

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

CONCLUSION

Defendant Sukhvinder Singh Grewal, Federal Express Corporation and ARI Fleet Lease Trust’s Motion to Bifurcate Trial is CONTINUED to September 21, 2023, to the trial court assigned at that time.

Moving party is ordered to give notice of this ruling.

Moving Party is 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.