Judge: Richard Y. Lee, Case: 30-2020-01159360, Date: 2022-10-20 Tentative Ruling

Motion to Bifurcate

Defendant SNS Legacy, Inc. (“Defendant”) seeks an order bifurcating the trial to try the issue of punitive damages after all other issues of liability and damages, and only if a specific finding has been made by the trier of fact that Defendant is guilty of malice, oppression, or fraud. Defendant also seeks an order prohibiting Plaintiff John Frazier (“Plaintiff”), his counsel and his witnesses, from either directly or indirectly, making any reference to, commenting about, introducing evidence about, offering testimony about, or presenting any argument regarding the profits or financial condition of Defendant prior to the punitive damages phase of this action.

Whether to order separate trials is within the trial court’s discretion. (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504.)

Plaintiff alleges the following causes of action against Defendant: (1) Discrimination in Violation of FEHA; (2) Failure to Prevent Discrimination; (3) Retaliation; (4) Wrongful Discharge/Termination; (5) Harassment; and (6) Failure to Prevent Harassment. Plaintiff seeks to recover punitive damages against Defendant in connection with each of the causes of action against Defendant.

Here, bifurcation of the issues of liability from damages, and trying the issue of punitive damages only if there is an award of actual damages and a specific finding of malice, oppression or fraud, would be in the interest of judicial economy since Plaintiff is not entitled to punitive damages unless and until he proves that Defendant is liable on the causes of action alleged against it. Plaintiff did not oppose the Motion. Accordingly, the Court GRANTS the Motion.  However, since the trial is not scheduled until July 2023, Defendant is directed to re-raise the issue on the first day of trial.

Moving Party is to give notice.

Motion to Compel Deposition

Defendant SNS Legacy, Inc. (“Defendant”) seeks an order compelling Plaintiff John Frazier (“Plaintiff”) to appear for his deposition in this matter and seeks sanctions against Plaintiff and his attorneys, Freiman & Freiman, jointly and severally, in the amount of $1,552.75 for reasonable expenses and attorneys’ fees incurred by Defendant in connection with the present motion.

Here, Defendant presents evidence that it served Plaintiff with a Second Amended Notice of Taking Deposition of Plaintiff scheduling the deposition for August 23, 2022 at 10:00 a.m.; counsel for Defendant attempted to confirm the deposition, but received no response from Plaintiff’s counsel; Plaintiff failed to appear for his deposition; and Defendant’s counsel terminated the deposition and obtained a Certificate of Non-Appearance from the Court Reporter. (See Davis Decl., ¶ 2, Exhs. 4 and 5.)

Plaintiff did not oppose this Motion.

As such, the Court GRANTS the Motion and orders Plaintiff to appear for his deposition within the next 30-calendar days. The parties are to meet and confer on a mutually agreeable deposition date.

The Court also GRANTS Defendant’s request for sanctions against Plaintiff and his counsel, jointly and severally, in the amount of $1,552.75 pursuant to Code of Civil Procedure section 2025.450(g)(1). (See Davis Decl., ¶¶ 3-5 [2.5 hours in connection with the Motion at $490/hour + $327.75 court reporting fees], Exh. 6.)

Moving Party is to give notice.