Meyser

Plaintiffs J. B. and Alice Meyser are the lessor-owners of a commercial store-front building in the City of Carlsbad. Plaintiff Morris Lackey is a tenant who operated a laundromat on the premises, The Meysers and Lackey brought separate suits against American Building Maintenance, Inc. (ABMI) to recover for fire damage to the structure and equipment. The cases were consolidated for trial and the trial was bifurcated pursuant to Code of Civil Procedure section 598. Following plaintiffs’ verdict on the liability issue and before trial of the damage phase, the trial court granted ABMI’s motion for judgment notwithstanding the verdict (Code Civ. Proc., § 629). Plaintiffs argue the trial court lacked jurisdiction to grant such a motion at this stage of the proceedings and, in any event, the motion should not have been granted. We agree with both contentions.

Following the Liability Phase of a Bifurcated Trial the Court May Not Enter Judgment for Defendant Notwithstanding a Verdict for Plaintiff.

The resolution of this issue depends upon the interpretation of sections 598, 629, 659 and 659a. Section 598 provides, in a bifurcated trial, if the decision of the court or the…