Judge: Lee S. Arian, Case: 21STCV12846, Date: 2024-04-10 Tentative Ruling

Case Number: 21STCV12846    Hearing Date: April 10, 2024    Dept: 27

HON. LEE S. ARIAN

DEPARTMENT 27

TENTATIVE RULING

Hearing Date:           4/10/2024 at 1:30 p.m.

Case No./Name:       21STCV12646 ENGRACIA LOERA vs PALM GARDEN APARTMENTS

Motion:                    MOTION TO BIFURCATE

Moving Party:           Defendants

Responding Party:    Unopposed

Notice:                      Sufficient

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Ruling:                    MOTION TO BIFURCATE IS DENIED

Defendants’ motion to bifurcate is DENIED without prejudice to Defendants 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 Code Civ. Proc., § 598 (court to issue order bifurcating case on noticed motion by the pretrial conference or, absent a pretrial conference, no later than 30 days in advance of trial).)   Given that in the Personal Injury Hub system this case will be tried by a different judicial officer than the one ruling on this motion at this time, the Court finds it appropriate for the trial judge to determine whether bifurcation is warranted. 

Conclusion

Based on the foregoing, the motion to bifurcate the issue of liability from the issue of damages at trial is DENIED without prejudice.

Moving party is ordered to give notice.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.