Judge: Kerry Bensinger, Case: 20STCV22361, Date: 2023-01-09 Tentative Ruling

Case Number: 20STCV22361    Hearing Date: January 9, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARGARITA REYES,                Plaintiff(s),

          vs.

 

IN-N-OUT BURGERS,

                   Defendant(s).

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      CASE NO.: 20STCV22361

 

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO BIFURCATE LIABILITY AND DAMAGES

 

Dept. 27

1:30 p.m.

January 9, 2023

 

Defendant In-N-Out Burgers’ (“Defendant”) motion to bifurcate is denied without prejudice to Defendant raising this issue for the trial judge to consider, on its own motion, at the time that the judge rules upon motions in limine. The Court orders that the bifurcation briefing be included in the trial binders in Tab B along with any motions in limine filed in the case. The court recognizes that CRC Rule 3.57(c) states, “A motion in limine may not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues,” and thus this order should not be construed in a way that contradicts this rule. Defendant may direct the trial court to this order, which should not be construed to in any way bind the trial court in making a bifurcation decision on its own motion.

Defendant properly sought a bifurcation order in advance of the trial date. (See CCP § 598.) However, a trial court may also “on its own motion . . . make such an order at any time.” (Id.) On the facts of this case, and given that in the Personal Injury Court system this case will be tried by a different court than the Court ruling on this motion, the Court finds it appropriate for the trial judge to determine whether bifurcation is warranted. In the PI Court system, the trial court rules on motions in limine, even those that significantly affect trial preparation. While this bifurcation request is not a motion in limine, the logic of having the trial judge determine it here is similar. The request for bifurcation here appears to be one for which the trial judge should make a discretionary determination based on its experience.

Accordingly, Defendant’s motion is denied without prejudice.

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.