Judge: Michael E. Whitaker, Case: 22SMCV02614, Date: 2024-10-16 Tentative Ruling

Case Number: 22SMCV02614    Hearing Date: October 16, 2024    Dept: 207

TENTATIVE RULING

MOTION

            On December 7, 2022, Plaintiff Jane Doe brought (“Plaintiff”) brought suit against Defendants Southern California Healthcare System, Inc.; Southern California Hospital at Culver City; and Elsworth Felix,[1] alleging four causes of action for (1) sexual battery; (2) sexual harassment; (3) dependent adult abuse and neglect; and (4) negligent hiring, supervision, or retention of employee.

            Defendants Southern California Healthcare System, Inc. and Southern California Hospital at Culver City (“Defendants”) now move to bifurcate the issue of punitive damages to be addressed after the liability phase of the trial.  Defendants’ motion is unopposed.

LEGAL STANDARD

Civil Code Section 3295, subdivision (d) provides:

The 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.

Further, Code of Civil Procedure section 598 provides:

The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time.

Similarly, Code of Civil Procedure section 1048 provides:

(a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

(b) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.

DISCUSSION

            Upon a defendant’s application, precluding the admission of evidence about defendant’s financial condition until after the trier of fact has returned a verdict in favor of plaintiff and found that the defendant is guilty of oppression, fraud, or malice is mandatory under Civil Code section 3295, subdivision (d). 

Trial in this matter is currently scheduled to begin in less than four months, on February 3, 2025.

CONCLUSION AND ORDER

Therefore, the Court grants Defendants’ unopposed motion to bifurcate the issue of the amount of punitive damages until after Defendants’ liability and oppression, fraud, or malice have been established.    

Defendants shall provide notice of the Court’s order and file a proof of service of the same.

DATED:  October 16, 2024                                                   ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court