MSC21-02620
CASE NAME: AGUILAR VS HOWARD
*HEARING ON MOTION IN RE: FOR ORDER SEVERING CLAIMS FOR TRIAL & BIFURCATE TRIAL
FILED BY: AGUILAR, JACKIE
*TENTATIVE RULING:*
“California decisions have also repeatedly held that when severable legal and equitable causes of
action or issues are present in a single proceeding, the trial court generally has authority to determine
in what order the matters should be heard, and if the equitable issue is tried by the court first and if
the court’s resolution of that issue determines a matter that would otherwise be resolved by a jury
with regard to the legal claim or issue, the court’s resolution of the matter will generally be binding
and may leave nothing for a jury to resolve. (Nationwide Administration, Inc v. Superior Court (2020) 9
Cal.5th 279, 317 (Nationwide); See, e.g., Raedke v. Gibraltar Sav. & Loan Assn. (1974) 10 Cal.3d 665,
671 [“It is well established that, in a case involving both legal and equitable issues, the trial cou