Judge: Thomas D. Long, Case: 21STCV46711, Date: 2024-02-20 Tentative Ruling

Case Number: 21STCV46711    Hearing Date: February 20, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 25, 2024, Defendants Risen Bread LLC, Manna Development Group LLC, and Manna Development Group filed a 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).)

Plaintiff Jazmin M. Ortiz filed a conditional non-opposition, requesting that if there is a finding of liability for punitive damages, Defendants will cooperate in making available records sufficient to establish ability to pay immediately upon a determination that a second phase is necessary.  As noted in the reply, this is a separate issue that does not affect this motion.

Because bifurcation is mandatory under these circumstances, the 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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 20th day of February 2024