In Barmas, Inc. v. Superior Court (2001) 92 Cal.App.4th 372, the court permitted retrial of issues of both malice and punitive damages. "In conclusion, we do not discern that anything contained in Civil Code section 3295 encroaches on the discretion of the trial court to order a retrial of the issues of malice and, if necessary, punitive damages, before a different jury in this instance." (Barmas, Inc. v. Superior Court, supra, 92 Cal.App.4th at page 377.)