Judge Steven A. Ellis, Case Number: 20STCV36044, Date: 2023-08-24 Tentative Ruling

Judge: Steven A. Ellis, Case: 20STCV36044, Date: 2023-08-24 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

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ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 20STCV36044 Hearing Date: March 6, 2024 Dept: 29

Motion to Bifurcate filed by Defendant Los Angeles County Metropolitan Transportation Authority.

Tentative

The motion is denied without prejudice.

Background

On September 21, 2020, Laura Alcaraz and Laura Elisa Rodriguez, by and through her Guardian Ad Litem Laura Alcaraz, (“collectively “Plaintiffs”) filed the complaint against Los Angeles County Metropolitan Transportation Authority (“Defendant”) for Motor Vehicle Negligence and General Negligence arising from an automobile accident on October 8, 2019.

February 7, 2024, Defendant filed this motion to bifurcate. Plaintiffs filed their opposition on February 22, 2024. Defendant filed a reply on February 26, 2024.

Legal Standard

“The 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 Civ. Proc., § 1048 (b).) The court has general discretion to order certain issues tried before others “when the convenience of witnesses, the ends of justice or the economy and efficiency of handling the litigation would be promoted thereby.” (Code Civ. Proc., § 598.)

Discussion

Defendant moves to bifurcate this matter into two parts as to liability and damages, and for liability to be tried first. (Motion, 5:16-18.)

In cases assigned to the Personal Injury Hub, the case will be tried by a different judge than the one assigned to rule on this motion. The Court finds that because of the close relationship between bifurcation motions and trial management, it is appropriate in this matter for the trial judge to determine whether bifurcation is warranted.

A motion to bifurcate is not a motion in limine. (Cal. Rules of Court, rule3.57(c).) Nonetheless, as it relates to management of the trial proceedings, a motion to bifurcate has certain attributes that are similar to motions in limine. And, in cases assigned to the Personal Injury Hub, the trial judge (not the judge in the Personal Injury Hub) rules on all motions in limine. 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 role in managing the trial proceedings.

Accordingly, the Court rules that Defendant may submit a motion for bifurcation at the time that motions in limine are filed. Any other party may submit an opposition when oppositions to motions in limine are filed. 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. If there is any issue with regard to Rule of Court 3.57, Defendant or any other party may direct the trial court to this order (which of course does not impose any obligation on the trial judge with regard to ruling on the motion).

Conclusion

Based on the foregoing, Defendant’s motion to bifurcate is DENIED without prejudice.

Moving party to give notice.