Judge: Michael P. Linfield, Case: 21STCV38751, Date: 2023-04-18 Tentative Ruling

Case Number: 21STCV38751    Hearing Date: April 18, 2023    Dept: 34

SUBJECT:         Motion to Bifurcate

Moving Party:  Defendant Metro Services Group

Resp. Party:    None

Defendant’s Motion to Bifurcate punitive damages is GRANTED.

BACKGROUND:

On October 20, 2021, Plaintiff Ramy Mandujano filed her Complaint against Defendant Metro Services Group on causes of action arising from Plaintiff’s employment with Defendant.

On January 12, 2022, Defendant filed its Answer.

On March 8, 2023, Defendant filed its Motion to Bifurcate. Defendant concurrently filed: (1) Memorandum of Points and Authorities; and (2) Proposed Order.

No opposition or other reply has been filed.

ANALYSIS:

I.           Legal Standard

“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 . . . 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 . . . .” (Code Civ. Proc., § 598.)

“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 . . . .” (Code Civ. Proc., § 1048, subd. (b).)

“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. . . .” (Civ. Code, § 3295, subd. (d).)

II.        Discussion

Defendant moves the Court to: (1) bifurcate the issue of punitive damages from the liability phase of the trial; and (2) instruct opposing counsel and persons under their control to avoid any mention of Defendant’s financial condition during the initial phase of trial or in argument to the jury. (Motion, p. 3:19–22.)

The Court is required to bifurcate the trial as to the issue of punitive damages and to evidence on Defendant’s financial condition. (Code Civ. Proc., § 3295, subd. (d).)

III.     Conclusion

Defendant’s Motion to Bifurcate is GRANTED.