Judge: Joel R Wohlfeil, Case: 37-2020-00016745-CU-PO-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 25, 2023

10/27/2023  03:00:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2020-00016745-CU-PO-CTL LYNCH VS COUNTY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Bifurcation, 09/25/2023

The Motion (ROA # 188) of Defendant County of San Diego ('Defendant') for an order to bifurcate liability and damages against Plaintiff James Lynch ('Plaintiff'), is DENIED.

'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, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues.' Code of Civil Procedure 1048(b).

'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.' Code of Civil Procedure 598.

'Where trial of the issue of liability ... precedes the trial of other issues ..., and 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 ... shall be had ....' Id. The objective of section 598 is avoiding the waste of time and money caused by the unnecessary trial of damage questions in cases where the liability issue is resolved against the plaintiff. Cohn v. Bugas (1974) 42 Cal. App. 3d 381, 385.

The Court cannot order the separate trial of an issue of liability when, because of the nature of the case, it is necessary to prove the plaintiff's damages in order to establish that liability. Id. at 385, 386.

Bifurcation is not likely to result in efficiency and economy unless the first phase results in a finding of no liability on the part of the County. However, the argument and evidence presented does not necessarily indicate that this is a likely possibility. The more likely scenario appears to be a 'split decision' involving some percentage of fault allocated as between Plaintiff, Santich and the County.

In the event the County is found to bear at least some of the fault, the Court agrees with Plaintiff that bifurcation is not likely to result in the outcome desired by Defendant County (facilitating settlement) unless there is a substantial break in time between the two phases of trial. However, such a break in time is not practical or likely because of the empaneled jury. Also, severing the action into two separate jury trials will not result in substantial efficiency given the time and expense of selecting and seating two Calendar No.: Event ID:  TENTATIVE RULINGS

3035471 CASE NUMBER: CASE TITLE:  LYNCH VS COUNTY OF SAN DIEGO [IMAGED]  37-2020-00016745-CU-PO-CTL juries.

Finally, bifurcation is not likely to result in significant efficiency and economy simply because the liability portion of the trial will be lengthy and complex.

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3035471