Judge: Maurice A. Leiter, Case: 19STCV05367, Date: 2023-08-14 Tentative Ruling

Case Number: 19STCV05367    Hearing Date: January 9, 2024    Dept: 54

Hearing Date: January 9, 2024

Department 54, Judge Maurice A. Leiter

Motion to Bifurcate

Moving Party: Defendant ADP, LLC

Responding Party: Plaintiff Renee Erickson

T/R:   DEFENDANT’S MOTION TO BIFURCATE IS GRANTED.

DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers and non-opposition.

Civil Code § 3295(d) provides, “[t]he court shall, on application of any defendant, preclude the admission of evidence of that defendant's profits or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section 3294. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. Evidence of profit and financial condition shall be presented to the same trier of fact that found for the plaintiff and found one or more defendants guilty of malice, oppression, or fraud.”

Defendant moves to bifurcate the liability/compensatory damages phase of trial and any punitive damages phase of trial and preclude any evidence of financial condition prior to the punitive damages phase. Plaintiff does not oppose. Under Civil Code § 3295(d), the Court has no discretion to deny this motion. Defendant’s motion to bifurcate is GRANTED.