Jack B Clarke vs. The Hertz Corporation

34-2023-00337069-CU-PO-GDS: Jack B Clarke vs. The Hertz Corporation 02/06/2026 Hearing on Motion to Bifurcate in Department 47

Tentative Ruling

NOTICE: If oral arguments are requested or appearances are required, the hearing may be conducted in person or remotely via ZoomGov [which includes telephonic and teleconferencing options]. No Court Call appearances will be permitted. If you choose to use Zoom you must use your first and last name on your ZoomGov account so the court can positively identify you. The Department 47 ZoomLink is https://saccourt-ca-gov.zoomgov.com/my/sscdept47 and the ZoomGov ID is: 16173813009. Appearances via videoconference using the above link are preferred. To appear on ZoomGov by phone, call (833) 568-8864 and enter the ZoomGov ID referenced above, available phone commands include *6 to mute/unmute or *9 to raise your hand. If you experience issues joining your hearing, please contact the clerk in Department 47 at (916) 874-5487 for assistance.

The motion of Defendants The Hertz Corporation and County of Sacramento dba Sacramento County Airport (“Defendants”) to bifurcate trial is DENIED, without prejudice to reassertion before the trial judge. Defendants move for an order bifurcating the issue of causation. More specifically, Defendants request the Court conduct a separate trial to resolve a factual dispute as to whether Plaintiff tripped or slipped. Defendants argue bifurcation would simplify the issues and avoid unnecessary litigation costs. Plaintiff opposes the motion.

The court finds that the trial judge will be in the best position to determine the order in which issues are to be heard at trial. Pursuant to Code of Civ. Proc. § 598, the trial judge may hear a renewed motion at a pre-trial conference or can make this determination on the Court’s own motion at any time.

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.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 68086 and California Rules

34-2023-00337069-CU-PO-GDS: Jack B Clarke vs. The Hertz Corporation 02/06/2026 Hearing on Motion to Bifurcate in Department 47

of Court, rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list, Once the form is signed it must be filed with the clerk.

If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.