Judge: Glenda Sanders, Case: 2017-00910966, Date: 2022-10-07 Tentative Ruling

1. Motion for Bifurcation

2. Motion for Judgment on the Pleadings

1.    Motion for Judgment on the Pleadings

             No Tentative will be posted.

2.    Motion to Bifurcate

NPBeach Marina LLC and Wieland Davco Corporation’s (together, “WD”) Motion to Bifurcate Cross-Complaints is denied. WD moves for bifurcation pursuant to CCP §§598 and 1048(b). The motion is opposed by Clauss Construction.

CCP section 598 reads, in pertinent part: “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 . . . make an order . . . 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 . . .”  (Emphasis added.)  Section 1048(b) reads: “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial . . . of any separate issue . . .” (Emphasis added.)

The Court finds the bifurcation would not, in this instance, avoid prejudice or promote the convenience of witnesses, the ends of justice or the economy and efficiency of handling the litigation.