Judge: Steven A. Ellis, Case: 20STCV23409, Date: 2023-08-29 Tentative Ruling

Case Number: 20STCV23409    Hearing Date: August 30, 2023    Dept: 29

TENTATIVE

Defendants Ralphs Grocery Company and Rose Investment Co., LLC’s Motion for Bifurcation of Trial as to Liability and Damages is DENIED without prejudice.

Discussion

Defendants’ motion to bifurcate is denied without prejudice to Defendants raising this issue for the trial judge to consider, on its own motion, at the time that the judge rules upon motions in limine.  The Court orders that the bifurcation briefing be included in the trial binders in Tab B along with any motions in limine filed in the case.  The Court recognizes that CRC Rule 3.57(c) states, “A motion in limine may not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues,” and thus this order should not be construed in a way that contradicts this rule.  Defendants may direct the trial court to this order, which should not be construed to in any way bind the trial court in making a bifurcation decision on its own motion.

Defendants properly sought a bifurcation order in advance of the trial date.  (See Code Civ.  Proc., § 598 (court to issue order bifurcating case on noticed motion by the pretrial conference or, absent a pretrial conference, no later than 30 days in advance of trial).)  However, a trial court may also “on its own motion .  .  .  make such an order at any time.”  (Ibid.)

On the facts of this case, and given that in the Personal Injury Court system this case will be tried by a different court than the court ruling on this motion, the Court finds it appropriate for the trial judge to determine whether bifurcation is warranted.  In the PI Court system, the trial court rules on motions in limine, even those that significantly affect trial preparation.  While this bifurcation request is not a motion in limine, the logic of having the trial judge determine it here is similar.  The request for bifurcation here appears to be one for which the trial judge should make a discretionary determination based on its experience.

Conclusion

Based on the foregoing, the motion to bifurcate the issue of liability from the issue of damages at trial is DENIED without prejudice.

Moving parties are ordered to give notice.