Judge: Robert B. Broadbelt, Case: 18STCV09180, Date: 2023-02-02 Tentative Ruling

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Case Number: 18STCV09180    Hearing Date: February 2, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants Ocean Avenue LLC d/b/a Fairmont Miramar Hotels and Dirk D’Jon Mornay

RESPONDING PARTY:       Unopposed

Motion to Bifurcate Trial

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Defendants Ocean Avenue LLC d/b/a Fairmont Miramar Hotels and Dirk D’Jon Mornay (“Defendants”) move the court for an order (1) bifurcating all issues pertaining to plaintiff Alison Cervantes’s request for punitive damages from all other issues to be tried in this action, and (2) precluding plaintiff Allison Cervantes from introducing any reference to and evidence of her claim for entitlement of punitive damages pending a finding that Defendants acted with fraud, oppression, or malice.

Defendants move the court to bifurcate trial pursuant to Civil Code section 3295 and Code of Civil Procedure section 598, contending that (1) preclusion of evidence relating to punitive damages is mandatory under the Civil Code, and (2) bifurcation is warranted under Code of Civil Procedure section 598 because it is judicially efficient, will avoid jury confusion, and will avoid prejudicing Defendants.   

Civil Code section 3295, subdivision (d) provides that “[t]he 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.”¿

“While the statute refers only to evidence of the defendant’s financial condition, in practice bifurcation under this section means that all evidence relating to the amount of punitive damages is to be offered in the second phase, while the determination whether plaintiff is entitled to punitive damages (i.e., whether the defendant is guilty of malice, fraud or oppression) is decided in the first phase along with compensatory damages.”¿ (Holdgrafer v. Unocal Corp. (2008) 160 Cal.App.4th 907, 919.)¿¿¿

The court finds that Defendants are entitled to an order bifurcating trial pursuant to Civil Code section 3295, and therefore grants Defendants’ motion and makes the orders set forth below.  (Civ. Code, § 3295, subd. (d).)

ORDER

The court grants defendants Ocean Avenue LLC d/b/a Fairmont Miramar Hotels and Dirk D’Jon Mornay’s motion to bifurcate trial as set forth below.  (Civ. Code, § 3295, subd. (d).)

The court orders trial of this action will be bifurcated as follows:¿ (1) the jury will first decide the issues of whether to impose liability for compensatory damages and, if so, the amount of compensatory damages and whether defendants Ocean Avenue LLC d/b/a Fairmont Miramar Hotels and Dirk D’Jon Mornay are guilty of malice, oppression, or fraud, and (2) only after making findings in plaintiff Allison Cervantes’s favor on all of those issues, the jury will then decide the issue of whether to impose punitive damages against defendants Ocean Avenue LLC d/b/a Fairmont Miramar Hotels and Dirk D’Jon Mornay.¿

The court orders that the admission of evidence of defendants Ocean Avenue LLC d/b/a Fairmont Miramar Hotels and Dirk D’Jon Mornay’s profits or financial condition shall be precluded until after the trier of fact returns a verdict for plaintiff Allison Cervantes awarding actual damages and finds defendants Ocean Avenue LLC d/b/a Fairmont Miramar Hotels and Dirk D’Jon Mornay are guilty of malice, oppression, or fraud in accordance with Civil Code section 3294.¿ (Civ. Code, § 3259, subd. (d).)¿ Evidence of profit and financial condition shall be presented to the same trier of fact that found for plaintiff Allison Cervantes and found defendants Ocean Avenue LLC d/b/a Fairmont Miramar Hotels and Dirk D’Jon Mornay guilty of malice, oppression, or fraud.¿ (Civ. Code, § 3259, subd. (d).)¿¿¿ 

            The court orders defendants Ocean Avenue LLC d/b/a Fairmont Miramar Hotels and Dirk D’Jon Mornay to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 2, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court