Judge: Thomas D. Long, Case: 22STCV40227, Date: 2024-08-08 Tentative Ruling

Case Number: 22STCV40227    Hearing Date: August 8, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 12, 2024, Plaintiff filed a motion to bifurcate issues relating to the legality of Defendant FCA US LLC’s repurchase request under the Song-Beverly Act.

Plaintiff seeks a bench trial on the following issues: (1) Defendant’s pre-litigation letter conditioning a repurchase on Plaintiff waiving other rights and potential claims outside of the Song-Beverly Act; (2) Defendant’s pre-litigation letter conditioning a repurchase on the condition of the vehicle; (3) Defendant’s pre-litigation letter conditioning a repurchase on an illegal confidentiality agreement; and (4) Defendant’s pre-litigation letter deducting of negative equity.  Defendant does not oppose bifurcating the trial in this manner.  (See generally Opposition.)

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 motion to bifurcate is GRANTED.

Counsel is ordered to appear at the hearing to discuss whether there needs to be additional evidence and testimony in a bench trial on the current trial date of November 25, 2024, or whether the issues can be decided based on the existing briefing.

         Dated this 8th day of August 2024