Motion Types Legal Issues

What is a Motion to Bifurcate / Trifurcate / Sever?

Most Useful Motion to Bifurcate / Trifurcate / Sever Examples

Recent Examples of Motion to Bifurcate / Trifurcate / Sever

1-25 of 500 results

CURDY, JOSEPH VS CITY OF OAKDALE

Defendant's Motion to Bifurcate Trial - DROPPED, at the request of the moving party.

  • Hearing

    Feb 19, 2020

COTTRELL V. JEFFERS, ET AL.

...§428.10.) Defendant MRO to file its cross-complaint within five (5) days, running from service by the clerk of the minute order. To grant MRO’s motion to bifurcate. (Code Civ. Proc. §598.) Explanation: Motion for Leave to File Cross-Complaint A defendant may cross-complain against a third person not yet a party to the action where the cause of action asserted “(1) arises out of the same transaction, occurr...

...conservation of resources, both for the parties and the Court. There is no apparent prejudice to Plaintiff, and no bad faith or delay on the moving party’s part. Accordingly, the motion is granted. Motion to Bifurcate Under Code of Civil Procedure section 598, the Court is given great discretion in regard to the order of issues at trial: The court may, when the convenience of witnesses, the ends of justice, or the ...

  • Hearing

    Feb 18, 2020

MYERS POWER PRODUCTS INC VS PIONEER POWER SOLUTIONS INC ET A

BC606546 MYERS POWER PRODUCTS vs PIONEER POWER SOLUTIONS Plaintiff’s Motion to Bifurcate TENTATIVE RULING: The motion is DENIED. Plaintiff has agreed to have the court decide the equitable claims after the jury trial. The court will decide defendant Pioneer Power Solutions, Inc.’s alter ...

  • Hearing

    Feb 18, 2020

CINDY CONTRERAS VS ARAKELOV ANDRANIK

Motion for Summary Judgment, or in the Alternative Summary Adjudication Having considered the moving, opposing and reply papers, the Court rules as follows. BACKGROUND On April 5, 2018, Plaintiff Susan Ko...

...collision that occurred on April 7, 2017. On June 19, 2019, the Court found case number BC700611 to be related to case number 19STCV02276. On August 20, 2019, the Court granted Defendant’s motion to bifurcate trial in allowing Defendant’s fourth affirmative defense for good faith settlement to be tried before Plaintiff’s negligence claim. On October 9, 2019, the Court ordered Defendant to reserve a motion ...

  • Hearing

    Feb 13, 2020

SUSAN KOEPKE GREEN VS SCOTT ALLAN SITNIK

Motion for Summary Judgment, or in the Alternative Summary Adjudication Having considered the moving, opposing and reply papers, the Court rules as follows. BACKGROUND On April 5, 2018, Plaintiff Susan Ko...

...collision that occurred on April 7, 2017. On June 19, 2019, the Court found case number BC700611 to be related to case number 19STCV02276. On August 20, 2019, the Court granted Defendant’s motion to bifurcate trial in allowing Defendant’s fourth affirmative defense for good faith settlement to be tried before Plaintiff’s negligence claim. On October 9, 2019, the Court ordered Defendant to reserve a motion ...

  • Hearing

    Feb 13, 2020

DINA B CHERNICK ET AL VS SAFECO INSURANCE COMPANY OF AMERICA

...OF AMERICA, et al. Defendants. Case No.: BC 625917 Hearing Date: February 11, 2020 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: DEFENDANT TWO ELEVEN SPALDING CONDOMINIUM ASSOCIATION’S MOTION TO BIFURCATE TRIAL BETWEEN LIABILITY AND PUNITIVE DAMAGES AND TO EXCLUDE EVIDENCE OF ITS FINANCIAL CONDITION Background Plaintiffs Dina B. Chernick and Nina L. Chernick (jointly, “Plaintiffs”) filed this action ...

...Association (“Two Eleven”). Trial is currently set for March 4, 2020. Two Eleven now moves to bifurcate trial between liability and punitive damages pursuant to Civil Code section 3295, subdivision (d). The motion is unopposed. Discussion Code of Civil Procedure section 1048, subdivision (b) provides: “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to...

  • Hearing

    Feb 11, 2020

GUADALUPE M LOPEZ VS EL MONTE CITY SCHOOL DISTICT ET AL

HEARING DATE: Monday, February 10, 2020 NOTICE: Motion #1: OK[1] Motion #2: OK Motion #3: OK[2] RE: Lopez v. El Monte City School District, et al. (BC649021) ______________________________________________________________________________ 1. Cross-Defe...

...EL MONTE CITY SCHOOL DISTRICT’S CROSS-COMPLAINT Responding Party: Cross-Complainant, El Monte City School District 2. Defendant/Cross-Complainant and Cross-Defendant The Nazerian Group’s MOTION TO BIFURCATE LIABILITY PRIOR TO DAMAGES [joined by G&Y General Contractors, Inc. and Alsaleh Project Management, Inc.] Responding Party: Plaintiffs, Guadalupe M. Lopez, a minor, by and through her Guardian ad L...

  • Hearing

    Feb 10, 2020

ANGELA WHITE VS ROBERT KARDASHIAN ET AL

Angela White (aka Blac Chyna) v. Robert Kardashian, et al. MOTION TO SEVER REVENGE PORN CLAIMS FROM TORTIOUS INTERFERENCE/DEFAMATION CLAIMS MOVING PARTY: Plaintiff Angela White RESPONDING PARTY(S): Defendants Robert Kardashian, Kris Jenner, Kim Kardashian West, Khloe Karda...

...tortious interference and defamation claims for trial. In opposition, Defendant Robert Kardashian requests relief from his waiver of a jury trial. TENTATIVE RULING: Plaintiff Angela White’s motion to sever revenge porn claims from tortious interference/defamation claims is GRANTED. In addition, the Court exercises its discretion to grant Defendant relief from his waiver of a jury trial in the revenge p...

  • Hearing

    Feb 10, 2020

RANDY HALL V. DARREN CRAIG DORSEY, SR.

Motion to Bifurcate Trial TENTATIVE RULING Plaintiff RANDY HALL moves to bifurcate any future trial in this matter under Code of Civil Procedure section 598. The trial court has discretion to grant or deny a motion for severance. (People v. Ochoa (1998) 19 Cal.4th 353, 409.) Plainti...

  • Hearing

    Feb 6, 2020

BOONE V. ELITE INTEGRITY, LLC

Motion to Bifurcate The motion of the defendants to bifurcate punitive damages is GRANTED. Motions to Compel The parties did not provide the court with a joint statement by January 24, 2020. Meanwhile, each side provided the court with further papers and argumen...

  • Hearing

    Feb 6, 2020

RE: TRIAL SETTING: REMOVAL OF T'TEE (8/29/18) SET BY PER D14 ON 10/17/19

...person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) Notes: 1. Response and Objection filed by Annbritt Erickson 3-27-19. 2. Notice of Motion and Motion to Bifurcate Proceeding filed by Amber Isakson is set for 2-20-10. AMBER ISAKSON TIMOTHY J CHAMBERS ANNBRIT ERICKSON JENIFER K LEECE ANNBRITT ERICKSON JENS L ERICKSON NICOLE MORRIS PETER R.L. ERICKSON THE E...

  • Hearing

    Feb 6, 2020

FORESPAR PRODUCTS CORPORATION V. ARTELIER STUDIO LLC

The Court rules as follows on the motion of Defendant Artelier Studio, LLC to compel further responses to its Request for Production of Documents and for monetary sanctions – Facts/Overview: On 7/23/18, plaintiff Forespar Productions Corpora...

...Goldman and Richard Joseph Benveniste filed an answer in response to plaintiff Forespar’s complaint. On 1/23/19, defendant Fitzgerald was dismissed. On 2/13/19, the Court granted defendants’ motion to bifurcate trial, ordering that “Phase 1 of the trial in this matter shall be scheduled as a Jury Trial on the issue of declaratory relief, and Phase 2 of the trial, if necessary, shall be a Court Trial on plain...

  • Hearing

    Feb 5, 2020

RIVERA, DONALD SCOTT VS. VELO PROMO LLC

Defendants Velo Promo LLC and Richard Ciccarelli’s Motion to Bifurcate Liability from Damages and to Set the Order of Presentation and Argument at Trial - DENIED. Defendants have not demonstrated that the defense at issue qualifies for a separate trial pursuant to Code C...

...failed to demonstrate good cause for the Court to order bifurcation in this instance pursuant to Code Civ. Proc. §§1048 or 598. CV-19-006925 – SABALLOS, CAROLINA VS. SKILES, WESTON EUGENE – Intervenor’s Motion for Leave to File Complaint in Intervention –GRANTED, and unopposed. The Court finds that the action falls within the provisions of Lab. Code §3853, such that intervention is mandatory under Code Civ....

  • Hearing

    Feb 5, 2020

MAXTRADE LLC VS WING LEE ET AL

SUBJECT: Motion to Sever Moving Party: Lee Defendants Resp. Party: Plaintiff Maxtrade, LLC The Lee Defendants’ motion to sever is DENIED. BACKGROUND: On December 1, 2016, Plaintiff Maxtrade, LLC, filed the instant action against Defendants Wing Lee, Li Fan Lee, and Yee Hung Lee Pan. On December 20, 2016, Plaintiff filed an ...

...FAC. Simultaneously, they filed a cross-complaint against Plaintiff Maxtrade and Plaintiff’s president, Jeff Ma, asserting causes of action for (1) Civil Extortion; and (2) Intentional Infliction of Emotional Distress. Cross-Complainants allege that they were tricked into meeting with Cross-Defendants about their son and brother’s alleged embezzlement, and that they were harassed and threatened by Cross-...

  • Hearing

    Feb 4, 2020

ALAN CERF, ET AL. V. WILLIAM WOODWARD, ET AL.

Nature of Proceedings: Motion Bifurcation The motion to bifurcate is unopposed, the tentative ruling is to grant the motion.

  • Hearing

    Feb 3, 2020

CESAR ROMERO ET AL. VS LI-CHUAN SHIH ET AL.

MOTION TO BIFURCATE [CCP §598] Date: 1/31/20 Case: Cesar Romero, et al. v. Li-Chuan Shih, et al. (EC 064933) TENATIVE RULING: Defendants/cross-complainants Li-Chuan Shih’s and Tun-Jen Ko’s Motion to Bifurcate is GRA...

...equitable easement claims is DENIED. With respect to defendants/cross-complainants’ motion to bifurcate punitive damages, they have a right to bifurcation under Civil Code § 3295(d). Thus, the motion to bifurcate plaintiffs’ claim for punitive damages is GRANTED. During the first phase of trial on the issue of liability and damages, the Court shall preclude plaintiffs Cesar Romero and Tatana Spicakova Romero f...

  • Hearing

    Jan 31, 2020

ALEN PETROYSAN VS EDDY ALLAHVERDIAN ET AL

TENTATIVE RULING Calendar: 7 Case Number: BC 669012 Date: 1/31/20 Trial date: None Set Case Name: Petrosyan v. Allahverdian, et al. MOTION FOR SUMMARY JUDGMENT (OR, in the Alternative, Summary Adjudication) [CCP § 437c; CRC 3.1350 et seq.] Moving Party: Plaintiff Alen Petrosyan Responding Party: Defendants Eddy Allahverdian and Maria...

...days before the hearing, and served on November 22, 2019, only 71 days prior to the hearing. CCP § 437c(a)(2) requires that a motion for summary judgment be brought on 75 days’ notice: “Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for the hearing.” With respect to the 75 days’ notice requirement, the requirement ...

  • Hearing

    Jan 31, 2020

NICK NICHOLS VS CITY OF BURBANK

TENTATIVE RULING Calendar: 21 Case Number: EC 064617 Date: 1/31/20 Trial date: March 9, 2020 Case Name: Nichols v. City of Burbank, et al. MOTION FOR SUMMARY ADJUDICATION [CCP § 437c; CRC 3.1350 et seq.] Moving Party: Plaintiff Nick Nichols Responding Party: Defendants City of Burbank, Burbank Police Department, Mark Scott and Scott Lachass...

...terminating Nichols, and causes of action for violations of the Public Safety Officers Procedural Bill of Rights (“POBRA”), and Violation of Civil Rights. ANALYSIS: Defendants argue in the opposition that the motion is denied on the ground it was not brought on sufficient notice. Defendants argues that the moving papers here were electronically served on November 18, 2019, only 74 days before the hearing, when du...

  • Hearing

    Jan 31, 2020

SINGH V. HAMID

(1) Plaintiffs’ Application to Appoint Receiver. (2) Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs’ Application to Appoint Receiver. At the conclusion of a three day bifurcated court trial on July 18, 2018 the court took the matter under submission. On August 6, 2018 the court issued a proposed statement of decision. Plaintiff and defendants filed objections to the proposed...

...present day, and the action against defendant is not time-barred. A jury trial is set to commence on March 10, 2020 on the remaining issues in this litigation. On November 25, 2019 plaintiffs filed a motion for preliminary injunction to be heard on January 31, 2020 and an ex parte application for appointment of a receiver to operate the corporation’s gas station pending judgment. Defendant opposes the ap...

  • Hearing

    Jan 31, 2020

VALERIE MCCLURE VS BANK OF NEW YORK MELLON ET AL

...CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT VALERIE MCCLURE, Plaintiff, vs. BANK OF NEW YORK MELLON, et al. Defendants. CASE NO.: BC639315 [TENTATIVE] ORDER RE: MOTION TO BIFURCATE; MOTION IN LIMINE NUMBER ONE TO EXCLUDE WITNESSES Date: January 29, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff Valerie McClure OPPOSING PARTY: Defendant Bank of New York Mellon, fka The Bank o...

...California Penal Code, Section 496(c); (3) conversion; (4) fraudulent transfer; (5) unjust enrichment; (6) set aside judgment; and (7) declaratory relief. Plaintiff filed a motion requesting that the Court bifurcate and try separately the equitable claims and defenses before trying legal issues. Plaintiff asserts that the equitable claims include: (1) Plaintiff’s fifth and sixth causes of action in the SAC; (2) p...

  • Hearing

    Jan 29, 2020

ERIKA PLASCENCIA VS CITIZENS OF HUMANITY, LLC

...against Defendant Citizens of Humanity (“Defendant”). The Complaint states nine causes of action for violations of various Labor Code provisions. On November 18, 2019, Defendant filed the instant motion to bifurcate discovery. On January 15, 2020, Plaintiff filed an opposition. On January 22, 2020, Defendant filed a reply. Legal Standard CCP section 598 allows the court to order the trial of any issue before al...

...litigation. Motions to bifurcate must be noticed and set for hearing so that an order for bifurcation is obtained no later than 30 days before trial. (CCP § 598.) Discussion Defendant requests that the Court “bifurcate” discovery per CCP section 598. This section does not empower the Court to “bifurcate” discovery. As noted above, it allows the Court to order trial of an issue before other issues in a suit under cer...

  • Hearing

    Jan 29, 2020

MICHAEL JESUS LOPEZ JR VS HOVA LEE ET AL

...Lopez, Plaintiff, v. houa lee, et al., Defendants. Case No.: BC715788 Hearing Date: January 29, 2020 [TENTATIVE] order RE: motion to bifurcate Plaintiff Michael Jesus Lopez (“Plaintiff”) moves to bifurcate the trial of this case into two phases: liability and damages. Under Code of Civil Procedure section 598, “The court may, when the convenience of witnesses, the ends of justice, or the economy and eff...

...its own motion . . . make such an order at any time.” (Code Civ. Proc., § 598.) This order is without prejudice to the parties’ ability to request that the trial court consider bifurcation on its own motion. Plaintiff shall provide notice and file proof of such with the Court. DATED: January 29, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

    Jan 29, 2020

RE: TRIAL SETTING: REMOVAL OF T'TEE (8/29/18) SET BY PER D14 ON 10/17/19 PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE

...person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) Notes: 1. Response and Objection filed by Annbritt Erickson 3-27-19. 2. Notice of Motion and Motion to Bifurcate Proceeding filed by Amber Isakson is set for 2-20-10. AMBER ISAKSON TIMOTHY J CHAMBERS ANNBRIT ERICKSON JENIFER K LEECE ANNBRITT ERICKSON JENS L ERICKSON NICOLE MORRIS PETER R.L. ERICKSON THE E...

  • Hearing

    Feb 6, 2020

BAKER VS. STATE OF CALIFORNIA, DEPT OF TRANSPORTATION

Motion for Bifurcation Tentative Ruling: Defendant The State of California, Department of Transportation’s Motion to Bifurcate is DENIED. Defendant’s notice seeks “an order that the statute of limitations issues – raised by Defendant as an affirmative defense – be tried prior to the remaining issues in the instant case.” (Not...

...1:27-2:1.) However, Defendant’s Memorandum of Points and Authorities requests that the Court bifurcate trial on the “issue” of Plaintiff’s “alleged discovery of a noose at a Caltrans maintenance yard.” (Motion 1:23-25.) It argues that “bifurcation and early trial is the fair and sensible method to determine whether the noose is time-barred.” (Motion 4:16-17.) The fact of the alleged hanging noose itself can...

  • Hearing

    Jan 28, 2020

NIUKKA HERNANDEZ VS BEVERLY HOT SPRINGS INC ET AL

niurka hernandez, Plaintiff, v. beverly hot springs, inc., Defendant. Case No.: BC627222 Hearing Date: January 28, 2020 [TENTATIVE] order RE: motion to bifurcate Plaintiff Niurka Hernandez (“Plaintiff” alleges that she received a bacterial infection at a spa owned and operated by Defendant Beverly Hot Springs, Inc. (“Defendant”). Now, Defendant moves to bifur...

...“on its own motion . . . make such an order at any time.” (Code Civ. Proc., § 598.) This order is without prejudice to Defendant’s ability to request that the trial court consider bifurcation on its own motion. Defendant shall provide notice and file proof of such with the Court. DATED: January 28, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

    Jan 28, 2020

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