Judge: Jon R. Takasugi, Case: 19STCV19680, Date: 2023-06-22 Tentative Ruling

Case Number: 19STCV19680    Hearing Date: August 24, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ motion to bifurcate is GRANTED.

On 6/5/2019, Plaintiff Beatriz Canas (Plaintiff) filed suit against Warehouse Demo Services, Inc. (WDS), Club Demonstration Services, Inc. (CDS), and Advantage Sales & Marketing, LLC (ASM), alleging: (1) disability discrimination; (2) failure to provide reasonable accommodation; (3) failure to engage in good faith interactive process; (4) retaliation; (5) violation of the California Family Rights Act; (6) retaliation; and (7) wrongful termination.

            Now, ASM, CDS, and WDS (collectively, Defendants) move to bifurcate trial.

Discussion 

            Defendants seek to bifurcate the issue of punitive damages.

CCP section 598 authorizes the Court to bifurcate issues in a trial to further the interests of justice and to promote judicial efficiency and economy. Moreover, CCP section 3295(d) mandates that evidence of Defendants’ financial condition must be excluded until after the trier of fact determines punitive damage are warranted. The purpose of this procedure is to avoid the risk that a defendant’s financial condition may taint the jury’s determination of the underlying liability case and the issues of oppression, fraud, or malice. (See Medo v. Sup. Ct. (1988) 205 Cal.App.3d 64, 67-68.)

Here, the Court agrees that an order excluding evidence of the financial condition of Defendants unless and until the jury has determined that Defendants acted with malice, oppression, or fraud is appropriate.

Based on the foregoing, Defendants’ motion to bifurcate is granted.

It is so ordered.

Dated:  August    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.