Judge: Robert B. Broadbelt, Case: BC684154, Date: 2023-11-20 Tentative Ruling

Case Number: BC684154    Hearing Date: November 20, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant City of Los Angeles         

RESPONDING PARTY:       Plaintiff Adam Hollands

Motion to Bifurcate Liability Phase from Damages Phase at Trial

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

DISCUSSION

Defendant City of Los Angeles (“Defendant”) moves the court for an order bifurcating trial in this action and, specifically, requests an order “that the trial of liability issues precede the trial of all issues related to damages and other relief claimed by” plaintiff Adam Hollands (“Plaintiff”).

“[T]rial courts have broad discretion to determine the order of proof in the interests of judicial economy.”  (Grappo v. Country Financial Corp. (1991) 235 Cal.App.3d 496, 504.)  Pursuant to Code of Civil Procedure section 1048, “[t]he court, in furtherance of convenience or to avoid prejudice . . . may order a separate trial . . . of any separate issue or of any number of causes of action or issues . . . .”  (Code Civ. Proc., § 1048, subd. (b).)  Similarly, Code of Civil Procedure section 598 provides 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 . . . 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 finds that it is not in furtherance of convenience, the ends of justice, or judicial economy and efficiency to bifurcate the trial in this action to first determine Defendant’s liability.  (Code Civ. Proc., §§ 1048, subd. (b), 598.)  Although Defendant argues that trial will be shortened if liability is determined first, the court disagrees.  The court finds that bifurcating the trial into two phases in order to address liability first and damages second could lengthen trial and, therefore, would not promote judicial economy and efficiency.  The court also finds that Defendant will not be unduly prejudiced by permitting Plaintiff to present evidence as to the issue of his damages at the same time that liability is determined.

Thus, the court finds that bifurcating trial in the manner requested by Defendant will not serve the ends of justice, convenience, or judicial economy, and therefore denies Defendant’s motion.

ORDER

            The court denies defendant City of Los Angeles’s motion to bifurcate liability phase from damages phase at trial.

The court orders plaintiff Adam Hollands to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 20, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court