Judge: Steven A. Ellis, Case: 21STCV08295, Date: 2024-06-13 Tentative Ruling
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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: 21STCV08295 Hearing Date: June 13, 2024 Dept: 29
Motion to Bifurcate filed by Defendants Cutco Stores, Inc
and Vector Marketing Corporation.
Tentative
The motion is denied without prejudice.
Background
On March
3, 2021, Diane Lopez (“Plaintiff”) filed a complaint against Cutco Stores Inc.,
Vector Marketing Corporation, and Hans Hilton for general negligence and
products liability causes of action arising from an injury unsheathing a knife.
On April
27, 2021, Defendants Cutco Stores Inc., Vector Marketing Corporation, and Hans
Hilton filed an answer. On February 20, 2024, Defendant Hans Hilton was
dismissed.
On March 4,
2024, Defendants Cutco Stores Inc. and Vector Marketing Corporation
(collectively “Defendants”) filed this motion to bifurcate. Plaintiff filed an
opposition on May 31, 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
Defendants move to bifurcate this matter into
two parts as to liability and damages. (Motion, 3:25-26.)
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, rule 3.57(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 Defendants
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, Defendants 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, Defendants’ motion to
bifurcate is DENIED without prejudice.