Judge: Robert B. Broadbelt, Case: 21STCV22288, Date: 2022-08-25 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 21STCV22288    Hearing Date: August 25, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Defendant Valley Presbyterian Hospital

RESPONDING PARTY:       Plaintiff Latosha Austin

Motion to Bifurcate Trial

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

            Defendant Valley Presbyterian Hospital (“Defendant”) moves for an order bifurcating trial, requesting that the court (1) first conduct trial on the individual Labor Code claims asserted by plaintiff Latosha Austin (“Plaintiff”), and (2) conduct trial on Plaintiff’s PAGA claims following trial on Plaintiff’s individual causes of action.

Defendant contends that bifurcation is most efficient in this action, arguing that holding trial on Plaintiff’s individual claims will determine whether she is an “aggrieved employee” and therefore determine whether Plaintiff has standing to pursue her PAGA claims.  (Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73, 81 [“Only an aggrieved employee has PAGA standing”].)  Plaintiff contends that she will prevail on at least some of her individual claims, and therefore will not lose standing.

“It is within the discretion of the court to bifurcate issues or order separate trials of actions . . . and to determine the order in which those issues are to be decided.”  (Royal Surplus Lines Ins. Co., Inc. v. Ranger Ins. Co. (2002) 100 Cal.App.4^th 193, 205.)  Code of Civil Procedure section 1048, subdivision (b) states that “[t]he 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 . . . or of any separate issue or of any number of causes of action or issues . . . .”  Code of Civil Procedure section 598 provides, in relevant part, that “[t]he 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 . . . 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 . . . .”   

The court exercises its discretion to deny defendant Valley Presbyterian Hospital’s motion to bifurcate trial.  The court finds that the interests of judicial efficiency and economy are better served by resolving Plaintiff’s individual and PAGA claims in one trial.  The court acknowledges that Defendant argues that the determination of Plaintiff’s individual claims, and subsequently the determination of Plaintiff’s status as an aggrieved employee, may affect her standing to bring causes of action under PAGA.  However, the court finds that it would be most efficient to resolve all claims at once, especially considering that there may be overlapping issues between her individual and PAGA claims in the event that it is determined that Plaintiff is an aggrieved employee.

For the reasons set forth above, the court denies defendant Valley Presbyterian Hospital’s motion to bifurcate the trial.

The court orders plaintiff Latosha Austin to give notice of this ruling.

IT IS SO ORDERED.

DATED:  August 25, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court