Judge: Maurice A. Leiter, Case: 22STCV39087, Date: 2024-03-22 Tentative Ruling

Case Number: 22STCV39087    Hearing Date: March 22, 2024    Dept: 54

Hearing Date: March 22, 2024

Department 54, Judge Maurice Leiter

Motion to Bifurcate the Liability/Compensatory Damages and Punitive Damages Phases of Trial

Moving Party: Defendant Superior Printing, Inc.

Responding Party: Unopposed 

T/R:    DEFENDANT’S MOTION TO BIFURCATE THE LIABILITY/COMPENSATORY DAMAGES AND PUNITIVE DAMAGES PHASES OF TRIAL IS GRANTED.

            DEFENDANT to notice. 

            The Court considers the moving papers. No opposition papers were filed.

BACKGROUND

            On December 16, 2022, Plaintiff Greg Kunath sued Defendants Superior Printing, Inc., alleging causes of action for (1) age-based discrimination; (2) failure to prevent discrimination; (3) wrongful termination in violation of public policy; (4) intentional infliction of emotional distress; and (5) unfair competition. Plaintiff alleges that he was subjected to discriminatory acts during his employment with Defendant and was wrongfully terminated.

            Before the Court is Defendant’s motion to bifurcate the liability/compensatory damages and punitive damages phases of trial.  

ANALYSIS

“In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” (Civ. Code, § 3294, subd. (a).) Civ. Code § 3295 was enacted “to protect defendants from the premature disclosure of their financial condition when punitive damages are sought.” (Medo v. Superior Court (1988) 205 Cal.App.3d 64, 67.) Civ. Code § 3295 provides that “[t]he court shall, on application of any defendant, preclude the admission of evidence of [a] 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 . . . found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud.” (Civ. Code § 3295(d).)  Evidence that may confuse the jury is properly excluded. (People v. Harris (1998) 60 Cal.App.4th 727, 739.)

The Court must grant the motion pursuant to Civ. Code § 3295(d). The motion is unopposed.  

Defendant’s motion to bifurcate the liability/compensatory and punitive damages phases of trial is GRANTED.  In Phase 1 the jury will determine liability, compensatory damages, and liability for punitive damages. In Phase 2 the jury will determine the amount of punitive damages.