Judge: Kevin C. Brazile, Case: 21STCV32116, Date: 2023-08-22 Tentative Ruling

Hearing Date: September 28, 2023

Case Name: DM Restaurant Group, Inc. v. Everguard Insurance Services, Inc., et al.

Case No.: 20STCV40057 

Matter: Motion to Bifurcate

Moving Party: Defendant First Mercury Insurance Company 

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an action in which Plaintiff alleges that the Defendants were negligent in obtaining insurance for Plaintiff, including business interruption coverage.  

Defendant First Mercury Insurance Company seeks to bifurcate the issue of the amount of punitive damages from the rest of trial.  

“Whether separate actions shall be consolidated for trial, or whether there shall be a severance and separate trials of issues in a single action, is within the discretion of the trial court.”  (Mellone v. Lewis (1965) 233 Cal.App.2d 4, 7, quoting McArther v. Shaffer (1943) 59 Cal.App.2d 724, 727.)  The objectives of bifurcated trials are to “expedite and simplify the presentation of evidence” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 888), and “avoidance of the waste of time and money caused by the unnecessary trial of damage questions in cases where the liability issue was resolved against the plaintiff.”  (Plaza Tulare v. Tradewell Stores, Inc. (1989) 207 Cal.App.3d 522, 524.)

Because there is no opposition, the Motion is granted.  (Cal. Rules of Court, Rule 8.54(c); Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.