Judge: Daniel M. Crowley, Case: 21STCV39394, Date: 2023-03-16 Tentative Ruling

Case Number: 21STCV39394    Hearing Date: March 16, 2023    Dept: 28

Plaintiffs Timothy De Lara, Amanda De Lara, Shante Trejo and Julian De Lara’s Motion to Bifurcate Trial

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

BACKGROUND

On October 26, 2021, Plaintiff Mariah Sierra (“Mariah”) filed this action against Defendants Garrett Martin Shaw (“Shaw”), EAN Holdings, LLC (“EAN”) and Rachel Connie Delara (“Delara”) for wrongful death, general negligence and negligent entrustment.

On July 29, 2022, Shaw filed an answer.

On November 5, 2021, Plaintiffs Timothy De Lara (“Timothy”), Amanda De Lara (“Amanda”), Shante Trejo (“Trejo”) and Julian De Lara (“Julian”) filed an action against Defendants Shaw, EAN, Enterprise Holdings, Inc. (“EH Inc.”) and Enterprise Holdings, LLC (“EH LLC”) for negligence.

On July 6, 2022, Shaw filed an answer.

On May 16, 2022, Sara Sierra (“Sara”) filed an action against Defendants Shaw and Estate of Rachel Connie De Lara (“Estate”) for negligence.

On July 6, 2022, Shaw filed an answer.

Cases were consolidated on September 12, 2022.

On January 23, 2023, Sara filed a complaint in intervention against Defendants Mariah for declaratory relief.

On March 2, 2023, Mariah filed an answer.

On February 15, 2022, Timothy, Amanda, Trejo and Julian (“Moving Plaintiffs”) filed a Motion to Bifurcate to be heard on May 16, 2023. On March 3, 2023, Mariah filed an opposition. On March 9, 2023, Moving Plaintiffs filed a reply.

Trial is currently scheduled for August 30, 2023.

PARTY’S REQUESTS

Moving Plaintiffs request the Court bifurcate the issue of declaratory relief.

Mariah requests the Court deny the motion.

DISCUSSION

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

CONCLUSION

Plaintiffs Timothy De Lara, Amanda De Lara, Shante Trejo and Julian De Lara’s Motion to Bifurcate Trial is CONTINUED to August 30, 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.