Judge: Deborah C. Servino, Case: 30-2018-01036639, Date: 2022-11-04 Tentative Ruling

Plaintiff Paul Gordy’s motion to bifurcate the trial, is denied.

Code of Civil Procedure section 598 states that “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, . . . .”

In determining whether bifurcation is appropriate, courts often look to other factors aside from whether the case presents separate issues.  For example, courts will consider the complexity of the issues, the risk of jury confusion, judicial economy, and whether the claims present separate and independent issues.  (Downey Savings & Loan Assn. v. Ohio Casualty Ins. Co (1987) 189 Cal.App.3d 1072, 1086.)

The court is not convinced bifurcation would promote judicial economy or best serve the interests of justice. (Code Civ. Proc., § 598.)  Liability, causation, and damages are interrelated in this matter.  Plaintiff’s proposed bifurcation contemplates different juries deciding liability and causation, and damages.  Bifurcation could potentially require duplication of witnesses and evidence.  Accordingly, the motion is denied. 

Defendant Orange County Global Medical Center shall give notice of this ruling.