Judge: Colin Leis, Case: 21STCV38092, Date: 2023-09-19 Tentative Ruling

Case Number: 21STCV38092    Hearing Date: April 10, 2024    Dept: 74

Jane Doe v. Empire Homes, LLC, et al.

Defendants’ Motion to Bifurcate the Trial

BACKGROUND 

            This action arises from a dispute between a landlord and a tenant.

            On July 5, 2022, Plaintiff filed a third amended complaint (TAC) against Empire View Homes, LLC, CREI Manager, LLC, and Steven Raymond Short (Short).

            In the TAC, Plaintiff alleges the following causes of action: (1) breach of contract, (2) breach of implied warranty of habitability, (3) breach of implied warranty of quiet enjoyment, (4) negligence, (5) retaliation, (6) sexual harassment, (7) violation of Unruh Civil Rights Act, and (8) violation of the Unfair Competition Law.

            On September 30, 2022, Plaintiff further amended the operative complaint to add Christina Development Corporation as a defendant.

            On April 26, 2023, Empire View Homes, LLC, CREI Manager, LLC, and Christina Development Corporation (Defendants) filed a motion for summary judgment or, in the alternative, summary adjudication.

            On July 14, 2023, the court granted Defendants’ motion for summary adjudication of every cause of action except the seventh (violation of Unruh Civil Rights Act).

            All Plaintiff’s causes of action against Short remain.

            On February 6, 2024, Defendants filed this motion to bifurcate the trial between Defendants and Short.

            On March 4, 2024, the court ordered the parties to meet and confer regarding bifurcation.

DISCUSSION/CONCLUSION

            On March 12, 2024, the parties submitted a stipulation to bifurcate the trial. In their stipulation, the parties agree that there may be potential prejudice if Defendants and Short are required to try their respective cases together. Accordingly, the parties have agreed to bifurcate the trial into two phases. The first phase will cover Plaintiff’s remaining cause of action against Defendants, and the second will cover all active causes of action against Short. Moreover, all pending dates will apply to the first phase, and the parties will meet and confer about the start date for the second phase. The court grants the parties’ stipulation to bifurcate trial.