Judge: Thomas D. Long, Case: 21STCV19134, Date: 2023-02-28 Tentative Ruling

Case Number: 21STCV19134    Hearing Date: February 28, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 20, 2021, Plaintiff Aaron Frazier filed this action against Defendants ACCO Engineered Systems, Inc., and Barney Briggs.

On December 2, 2022, Defendants filed this motion to bifurcate issues relating to punitive damages.

The Court may order a separate trial of any cause of action or any separate issue in furtherance of convenience or when separate trials will be conducive to expedition and economy.  (Code Civ. Proc., § 1048, subd. (b).)  The Court may also order the trial of an issue to precede the trial on another issue.  (Code Civ. Proc., § 598.)  “The court shall, on application of any defendant, preclude the admission of evidence of that defendant’s profits or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with [Civil Code] Section 3294.”  (Civ. Code, § 3295, subd. (d).)

Because bifurcation is mandatory under these circumstances, the unopposed motion to bifurcate punitive damages is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 28th day of February 2023