Judge: Keri G. Katz, Case: 37-2019-00057433-CU-CD-CTL, Date: 2023-11-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Construction Defect Motion Hearing (Civil) 37-2019-00057433-CU-CD-CTL 3 TIER INVESTMENTS LLC VS RICHARD & RICHARD CONSTRUCTION CO INC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Defendants Tony Reed and Tony Reed Construction, Inc.'s motion to bifurcate at trial Tony Reed's Thirteenth Affirmative Defense of the CCP § 337.1 four-year statute of limitations is DENIED.

Preliminarily, at the September 19, 2023, ex parte hearing this court allowed Tony Reed to file amended moving papers by September 27, 2023. Plaintiff's opposition refers to supplemental briefing from Tony Reed. However, there is no record in the court file of amended moving papers or supplemental briefing from Tony Reed. The court considers Tony Reed's moving papers filed on September 12, 2023, and Tony Reed's amended reply filed on October 6, 2023.

Tony Reed seeks bifurcation pursuant to CCP § 597 and § 1048(b).

CCP § 597 provides: When the answer pleads that the action is barred by the statute of limitations, or by a prior judgment, or that another action is pending upon the same cause of action, or sets up any other defense not involving the merits of the plaintiff's cause of action but constituting a bar or ground of abatement to the prosecution thereof, the court may, either upon its own motion or upon the motion of any party, proceed to the trial of the special defense or defenses before the trial of any other issue in the case . . .

Under CCP § 1048, . . . .

(b) 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, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.

Tony Reed argues that trial as to the statute of limitations 'would take a matter of hours to decide versus over a week of trial.' However, absent from Tony Reed's moving papers is any evidence as to the anticipated length of trial without and without bifurcation, also absent is any discussion or evidence as to the relevant issues in a bifurcated trial/trial without bifurcation, the nature of anticipated evidence expected to be introduced at a bifurcated trial/trial without bifurcation, the number, type (percipient, expert) and identity of witnesses expected to testify at a bifurcated trial/trial without bifurcation, the Calendar No.: Event ID:  TENTATIVE RULINGS

3022287  9 CASE NUMBER: CASE TITLE:  3 TIER INVESTMENTS LLC VS RICHARD & RICHARD  37-2019-00057433-CU-CD-CTL number of parties at a bifurcated trial/trial without bifurcation. Nor does joining party Defendant Richard & Richard Construction Co., Inc. provide the relevant evidence or discuss these issues. Significantly, Plaintiff provides a discussion, albeit without evidentiary support, of the issues and the witnesses Plaintiff claims are overlapping on the issue of the statute of limitations and the construction defect issues in the main trial. Tony Reed fails to provide any significant responsive discussion or analysis on this issue critical to the statutory-based requirements for separate trials/bifurcation. Absent evidence in support, the court finds Tony Reed fails to establish that bifurcation is in furtherance of convenience, avoids prejudice or is conducive to expedition and economy.

The court does not address the parties' improper merits-based arguments. Such arguments are not properly raised on a motion for separate trials/motion to bifurcate.

Tony Reed's reply request for judgment on the pleadings is DENIED.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

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