Grappo v. Coventry Financial Corp

In Grappo v. Coventry Financial Corp. (1991) 235 Cal. App. 3d 496, the appellate court explained that bifurcation can be ordered when liability and damages are both in dispute, even where no formal motion under Code of Civil Procedure section 598 was brought. The trial court in that case properly acted on its own motion, by exercising its discretion to regulate the order of proof (Evid. Code, 320), and to order separate trials of a cause of action or issue (Code Civ. Proc., 1048, subd. (b)). In that case, the issue was whether a party had any interest in the subject property, which was preliminary to deciding a question of priority of the interests. (Grappo, supra, at p. 504.)