Judge: James A. Mangione, Case: 37-2020-00022447-CU-EI-CTL, Date: 2023-12-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 21, 2023

11/22/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Eminent domain/Inverse condemnation Motion Hearing (Civil) 37-2020-00022447-CU-EI-CTL DEPRETIS VS CITY OF CARLSBAD [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant City of Carlsbad's Motion for Bifurcation is denied.

The Court finds that bifurcating Plaintiffs' inverse condemnation cause of action against Defendant does not further the statutory goals articulated in Code of Civil Procedure sections 598 and 1048(b).

Specifically, the Court finds that any benefit that may be obtained by determining Defendant's liability on the inverse condemnation cause of action is minimal because it is not dispositive of any parties' claims and would likely result in duplicative testimony on a number of issues. Most importantly, bifurcation is likely to result in substantial prejudice to Cross-Defendants who would either be bound by the Court's factual findings in a proceeding they were not involved in or be forced to defend themselves in two separate proceedings, despite not being named as a defendant on the inverse condemnation cause of action.

Defendant's evidentiary objections are sustained.

The minute order is the order of the Court.

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