Bear Mountain Development Company, LLC vs. State of California

34-2021-00303948-CU-BC-GDS: Bear Mountain Development Company, LLC vs. State of California 02/20/2026 Hearing on Motion to Bifurcate in Department 47

Tentative Ruling

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The motion of Cross-Defendant Bear Mountain Development Company, LLC (Cross- Defendant”) to bifurcate trial is ruled on as follows.

Cross-Defendant requests an order bifurcating trial on the issue of punitive damages and precluding the Court from introducing evidence of Cross-Defendant’s financial condition or profits in the first phase of trial. Cross-Complainant State of California does not oppose the request for bifurcation, but opposes the request for an order excluding evidence. In reply, Cross- Defendant agrees any issues resolving the admissibility of evidence should be resolved via motions in limine by the trial judge.

Civil Code § 3295(d) requires the Court, on application of any defendant, to preclude the admission of evidence of the moving defendant’s profits or financial condition until after a verdict has been returned awarding a plaintiff actual damages and finding the defendant is guilty of malic, oppression or fraud. “The purpose behind Civil Code section 3295, which allows bifurcation and preclusion of evidence of a defendant's wealth and profits during the liability phase of trial, is to minimize prejudice prior to the jury's determination of a prima facie case of liability for punitive damages.” (Notrica v. State Comp. Ins. Fund (1999) 70 Cal.App.4th 911, 939 [83 Cal.Rptr.2d 89].) Such evidence is not excluded when relevant to liability. (Ibid.)

The motion to bifurcate the issue of punitive damages is granted. The Court makes no determination at this time as to what evidence is admissible in each phase of trial. The trial judge will be in the best position to rule on any motion in limine to exclude evidence or any objections

34-2021-00303948-CU-BC-GDS: Bear Mountain Development Company, LLC vs. State of California 02/20/2026 Hearing on Motion to Bifurcate in Department 47

to evidence made at trial.

This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.

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