Judge: Richard S. Whitney, Case: 37-2020-00003343-CU-IC-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Insurance Coverage Motion Hearing (Civil) 37-2020-00003343-CU-IC-CTL MOUSSAVIAN VS STATE FARM GENERAL INSURANCE COMPANY [E-FILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT STATE FARM GENERAL INSURANCE COMPANY'S MOTION TO SEVER TRIAL OF PLAINTIFF'S CLAIMS AGAINST STATE FARM FROM PLAINTIFF'S CLAIMS AGAINST THE CITY OF SAN DIEGO AND TO PROCEED FIRST WITH THE TRIAL OF PLAINTIFF'S CLAIMS AGAINST THE CITY is DENIED.

Defendant State Farm General Insurance Company ('Defendant') seeks to sever trial such that Plaintiff Dr. Mehran Moussavian's ('Plaintiff') claims against Defendant CITY OF SAN DIEGO are tried first, with the remainder being tried in a second trial. However, after this motion was filed, Defendant and Defendant CITY OF SAN DIEGO entered into a conditional settlement, which obviates Defendant's concerns raised by this motion. Defendant suggests denying the motion without prejudice as premature.

The Court agrees the motion should be denied and does so without prejudice. The motion is denied. If Plaintiff wants his suggestions as to trial proceedings to be adopted, Plaintiff must file a separate motion.

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