Judge: Gregory Keosian, Case: BC723021, Date: 2022-08-10 Tentative Ruling

Case Number: BC723021    Hearing Date: August 10, 2022    Dept: 61

Defendants Walmart Inc., Larry Weber, Melissa Cisneros, Augustina Flores, and Be Kim’s Motion to Bifurcate Trial is GRANTED.

I.                MOTION TO BIFURCATE

Defendant moves bifurcate trial in this matter into one for liability and damages, and another for punitive damages pursuant to Civil Code § 3295. 

“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 cause of action . . . or of any separate issue . . . .” (Code Civ. Proc., § 1048, subd. (b).) Additionally, “[t]he 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 . . . 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 . . . .” (Code Civ. Proc., § 598.)

“It is within the discretion of the court to bifurcate issues or order separate trials of actions, such as for breach of contract and bad faith, and to determine the order in which those issues are to be decided.” (Royal Surplus Lines Ins. Co., Inc. v. Ranger Ins. Co. (2002) 100 Cal.App.4th 193, 205.) “The major objective of bifurcated trials is to expedite and simplify the presentation of evidence.” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 888.)

Code Civ. Proc. section 3295, subd. (d) provides that:

The court shall, on application of any defendant, preclude the admission of evidence of that defendant's profits or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section 3294. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. Evidence of profit and financial condition shall be presented to the same trier of fact that found for the plaintiff and found one or more defendants guilty of malice, oppression, or fraud.

The language used by the above statute is mandatory, and codifies “the presumption that evidence of a defendant's wealth can induce factfinders to abandon their objectivity and return a verdict based on passion and prejudice.” (Las Palmas Associates v. Las Palmas Center Associates (1991) 235 Cal.App.3d 1220, 1241.) Defendant having made an application under this statute, benefits from that presumption, and may obtain a bifurcation of trial into a first stage for liability and damages, and a second phase for punitive damages.

Plaintiff in opposition argues that the motion is untimely under Code of Civil Procedure § 598, which requires that it be made “no later than 30 days before trial.” (Opposition at p. 2.) However, while this motion was pending, this court on July 14, 2022, granted an ex parte application for continuance of trial, renderring the present motion timely.

Accordingly, the motion is GRANTED.