Judge: Lee S. Arian, Case: 22STCV18667, Date: 2024-10-09 Tentative Ruling
Case Number: 22STCV18667 Hearing Date: October 9, 2024 Dept: 27
Hon. Lee S. Arian, Dept 27¿¿
¿¿
MOTION TO BIFURCATE¿¿¿
Hearing Date: 10/9/24¿¿¿
CASE NO./NAME: 22STCV18667 WILLIAM BLAINE
MCANENEY vs THE CITY OF LOS ANGELES.
Moving Party: Defendant City of Long Beach
Responding Party: Unopposed
Notice: Sufficient¿¿¿
Ruling: MOTION TO BIFURCATE¿IS DENIED WITHOUT PREJUDICE¿¿
¿
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.¿ 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.¿
Defendant 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.¿