Judge: James L. Crandall, Case: 20-1130641, Date: 2022-11-03 Tentative Ruling

Motion for Bifurcation

The unopposed motion to bifurcate trial by Defendants, S.K.B. Corporation, Folkert Veenendaal and Mark Navares is GRANTED.

CCP § 1048(b) provides the general statutory authority to separate trials. It states

“[t]he 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 or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.”

CCP § 598 provides that the court may order certain issues tried before others “when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby. . . .”

Whether to order separate trials is usually discretionary (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504); however, pursuant to Civil Code § 3295, punitive damages claims must be tried separately.

Accordingly, the request to separate the issues of general and special damages portion of trial from punitive damages is GRANTED pursuant to Civil Code § 3295.

Moving Parties to give notice.

Future hearing dates

11/3/22 – Motion for Bifurcation

11/4/22 – MSC

12/12/22 – Jury Trial