Judge: Lee S. Arian, Case: 21STCV23986, Date: 2025-05-22 Tentative Ruling
Case Number: 21STCV23986 Hearing Date: May 22, 2025 Dept: 27
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL
DISTRICT
Plaintiff, vs. RICHARD
BIRNHOLZ, et al., Defendants. |
) ) ) ) ) ) ) ) ) ) ) ) ) ) |
[TENTATIVE]
Dept. 27 1:30 p.m. May 22, 2025 |
|
) |
|
¿
Plaintiff’s motion to bifurcate is DENIED without prejudice to Plaintiff
raising this issue for the trial judge to consider, on its own motion, at the
time that the judge rules upon motions in limine.¿ 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.
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.¿ Plaintiff may
direct the trial court to this order, which should not be construed to in any
way to bind the trial court in making a bifurcation decision on its own motion.
Based on the foregoing, the motion to bifurcate 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.¿
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’s 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.
__________________________
Hon. Lee S. Arian
Judge of the Superior Court