JAPLIT vs AMERICAN HONDA MOTOR COMPANY, INC., et al.

23CV013523: JAPLIT vs AMERICAN HONDA MOTOR COMPANY, INC., et al. 03/13/2026 Hearing on Motion to Bifurcate in Department 47

Tentative Ruling

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The motion of Defendant American Honda Motor Co., Inc. (“Defendants”) to bifurcate trial and to prohibit reference to Defendant’s financial condition during the first phase of trial is ruled on as follows.

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.) Such evidence is not excluded when relevant to liability. (Ibid.)

The motion to bifurcate the issue of punitive damages is GRANTED. However, the Court makes no determination at this time as to what evidence is admissible in each phase of trial. A request to exclude evidence under Civil Code § 3295(d) “is essentially a motion in limine, and ordinarily should be made before trial.” (Las Palmas Associates v. Las Palmas Center Associates (1991) 235 Cal.App.3d 1220, 1241.) Motions in limine are properly filed on the first day of trial and are heard by the department assigned for trial. (Local Rule 2.95.) The motion to prohibit any reference to Defendant’s financial condition is therefore DENIED without prejudice to reassertion before the trial judge.

23CV013523: JAPLIT vs AMERICAN HONDA MOTOR COMPANY, INC., et al. 03/13/2026 Hearing on Motion to Bifurcate in Department 47

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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