THE PEOPLE OF THE STATE OF CALIFORNIA vs HEARTBEAT INTERNATIONAL, INC., et al.

23CV044940: THE PEOPLE OF THE STATE OF CALIFORNIA vs HEARTBEAT INTERNATIONAL, INC., et al. 06/10/2026 Hearing on Motion to Bifurcate filed by HEARTBEAT INTERNATIONAL, INC. (Defendant) CRS# 436623067853 in Department 18

Tentative Ruling - 06/09/2026 Patrick McKinney

The Motion to Bifurcate filed by HEARTBEAT INTERNATIONAL, INC. on 05/04/2026 is Denied.

BACKGROUND

The People of the State of California sued Defendants Heartbeat International, Inc. and RealOptions, Inc., alleging that Defendants made untrue or misleading statements about the abortion pill reversal (APR). The People assert violations of California’s Unfair Competition Law (UCL) and False Advertising Law (FAL), alleging that Defendants advertised APR through websites, hotlines, training kits, and at clinics, making numerous false claims about its efficacy and safety. A court trial is set for June 24, 2026. Defendants move to bifurcate the trial into two sequential phases: 1) a trial on whether the challenged speech is commercial, and 2) a trial on whether the challenged speech is false or misleading under the UCL and FAL.

LEGAL STANDARD

A court has discretion to make pre-trial orders on the sequence of issues for trial “when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby.” (Code Civ. Proc., § 598.)

DISCUSSION

The court is not persuaded that bifurcation would serve the convenience of witness, ends of justice, or the interests of economy and efficiency. Given that the case will be tried by the court, potential prejudice is not a concern. The court may determine the commercial speech question separately, but the issues are not sufficiently separable and distinct as to warrant presentation of evidence in two stages. If Defendants prevail on the commercial speech issue, some portion of Plaintiff’s presentation of evidence may be rendered irrelevant. But the costs associated with bringing witnesses back for a second round outweigh any potential cost savings.

ORDER

Defendants’ motion to bifurcate is DENIED.

CONTESTING THE TENTATIVE RULING: If the parties do not contest, the tentative ruling will be adopted. Any party wishing to contest must notify the court by email at Dept18@alameda.courts.ca.gov and notify all opposing counsel or unrepresented parties by 4pm 23CV044940: THE PEOPLE OF THE STATE OF CALIFORNIA vs HEARTBEAT INTERNATIONAL, INC., et al. 06/10/2026 Hearing on Motion to Bifurcate filed by HEARTBEAT INTERNATIONAL, INC. (Defendant) CRS# 436623067853 in Department 18 the day before the hearing.