Judge: Joel L. Lofton, Case: 19GDCV01571, Date: 2023-08-03 Tentative Ruling

Case Number: 19GDCV01571    Hearing Date: August 3, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      August 3, 2023                                    TRIAL DATE: October 17, 2023

CASE:                         WANYU LUO, an individual; DENONG TEA, INC., a California corporation, v. CHD DESIGN GROUPS, INC., a California corporation doing business as CHD INTERNATIONAL; ERIC LIN, an individual; and DOES 1 through 10, inclusive.  

CASE NO.:                 19GDCV01571

MOTION TO BIFURCATE

MOVING PARTY:               Cross-Complainants CHD Design Groups, Inc. and Eric Lin

RESPONDING PARTY:      Plaintiffs Wanyu Luo and Denong Tea, Inc.

SERVICE:                              Filed July 5, 2023

OPPOSITION:                       Filed July 21, 2023

REPLY:                                   Filed July 26, 2023

RELIEF REQUESTED

             Defendants move to bifurcate the issue of the limitations of liability clause relevant to Plaintiffs’ breach of contract claim.

BACKGROUND

             This case arises out of Plaintiffs Wanyu Luo and Denong Tea, Inc.’s (“Plaintiffs”) claims against Defendants CHD Design Groups, Inc. and Eric Lin (“Defendants”) for architectural services for a project located at 482 South Arroyo Parkway, Unit 100, Pasadena, California 91105. Plaintiffs filed a second amended complaint on May 24, 2021, alleging four causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) unjust enrichment, and (4) fraud.

TENTATIVE RULING

            Defendants’ motion to bifurcate is DENIED without prejudice.

DISCUSSION

            Defendants move to bifurcate the issue of the applicability of the limitations of liability clause in the contract between the parties.

            Code of Civil Procedure section 598, in relevant part, provides: “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, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time. Where trial of the issue of liability as to all causes of action precedes the trial of other issues or parts thereof, and the decision of the court, or the verdict of the jury upon such issue so tried is in favor of any party on whom liability is sought to be imposed, judgment in favor of such party shall thereupon be entered and no trial of other issues in the action as against such party shall be had unless such judgment shall be reversed upon appeal or otherwise set aside or vacated.”

            Defendants seek to have the applicability of the limitations of liability clause heard first at trial for this case. At the current juncture, the court does not find that the economy and efficiency of handling the litigation would be promoted by bifurcating the present issue. Defendants’ motion is denied without prejudice. Defendant may raise this issue again at the final status conference.

CONCLUSION

            Defendants’ motion to bifurcate is DENIED without prejudice.

            Moving party to give notice.

Dated:   August 3, 2023                                  ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org