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This case was last updated from Los Angeles County Superior Courts on 07/19/2019 at 02:40:36 (UTC).

CARLOS MANUEL MICHEL-JIMENEZ VS HANSEN STEEL SERVICES LLC ET

Case Summary

On 01/05/2018 CARLOS MANUEL MICHEL-JIMENEZ filed a Personal Injury - Other Personal Injury lawsuit against HANSEN STEEL SERVICES LLC ET. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8996

  • Filing Date:

    01/05/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

MICHEL-JIMENEZ CARLOS MANUEL

Defendants and Respondents

DOES 1 THROUGH 20

LABOR READY INC.

PEOPLEREADY INC.

HANSEN STEEL SERVICES LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LOS ANGELES CITY LAW APLC

IARUSSO MICHELLE

Defendant Attorneys

REID DAVID PHILIP

VANCE NATALIE P.

 

Court Documents

PROOF OF SERVICE OF SUMMONS

7/24/2018: PROOF OF SERVICE OF SUMMONS

DEFENDANT PEOPLEREADY, INC.'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO COMPLAINT

8/28/2018: DEFENDANT PEOPLEREADY, INC.'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO COMPLAINT

DEFENDANT PEOPLE READY, INC.'S NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

8/28/2018: DEFENDANT PEOPLE READY, INC.'S NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

CIVIL DEPOSIT

9/14/2018: CIVIL DEPOSIT

ORDER SUSTAINING THE DEMURRER TO THE COMPLAINT W/O LEAVE TO AMEND

9/26/2018: ORDER SUSTAINING THE DEMURRER TO THE COMPLAINT W/O LEAVE TO AMEND

Memorandum of Costs (Summary)

10/31/2018: Memorandum of Costs (Summary)

Order

11/15/2018: Order

Notice

11/16/2018: Notice

Proof of Service by Mail

1/14/2019: Proof of Service by Mail

Order

3/4/2019: Order

Judgment

3/6/2019: Judgment

Notice

3/6/2019: Notice

Notice of Motion

4/10/2019: Notice of Motion

Request for Refund / Order

5/21/2019: Request for Refund / Order

Minute Order

6/12/2019: Minute Order

Summons

6/20/2019: Summons

Amended Complaint

6/20/2019: Amended Complaint

COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC

1/5/2018: COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC

39 More Documents Available

 

Docket Entries

  • 07/05/2019
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 07/01/2019
  • Proof of Service by Substituted Service; Filed by Carlos Manuel Michel-Jimenez (Plaintiff)

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  • 06/21/2019
  • at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 06/20/2019
  • Summons (on Complaint); Filed by Carlos Manuel Michel-Jimenez (Plaintiff)

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  • 06/20/2019
  • Amended Complaint (1st); Filed by Carlos Manuel Michel-Jimenez (Plaintiff)

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  • 06/13/2019
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Ruling on Submitted Matter

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  • 06/13/2019
  • Minute Order ( (Ruling on Submitted Matter)); Filed by Clerk

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  • 06/13/2019
  • Certificate of Mailing for (Minute Order (Ruling on Submitted Matter) of 06/13/2019); Filed by Clerk

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  • 06/12/2019
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion for Order (Motion to vacate an order dismissing the complaint and permission to file the first amended complaint) - Held - Taken under Submission

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  • 06/12/2019
  • Minute Order ( (Hearing on Motion for Order Motion to vacate an order dismiss...)); Filed by Clerk

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57 More Docket Entries
  • 08/28/2018
  • Declaration; Filed by Peopleready, Inc. (Defendant)

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  • 08/28/2018
  • Request for Judicial Notice; Filed by Peopleready, Inc. (Defendant)

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  • 08/28/2018
  • Proof of Service (not Summons and Complaint); Filed by Peopleready, Inc. (Defendant)

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  • 08/28/2018
  • Points and Authorities; Filed by Peopleready, Inc. (Defendant)

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  • 08/28/2018
  • Demurrer; Filed by Peopleready, Inc. (Defendant)

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  • 07/24/2018
  • Proof of Service (not Summons and Complaint); Filed by Carlos Manuel Michel-Jimenez (Plaintiff)

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  • 07/24/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 01/05/2018
  • Complaint; Filed by Carlos Manuel Michel-Jimenez (Plaintiff)

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  • 01/05/2018
  • SUMMONS

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  • 01/05/2018
  • COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC

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Tentative Rulings

Case Number: BC688996    Hearing Date: December 01, 2020    Dept: SEC

MICHEL-JIMINEZ v. HANSEN STEEL SERVICES, LLC, et al.

CASE NO.: BC688996

HEARING: 12/1/20 @ 10:30 AM

[Remote appearances are encouraged and will be given priority.]

#4

TENTATIVE ORDER

Defendant Hansen Steel Services, LLC’s demurrer to first amended complaint is OVERRULED. Defendant is ordered to file and serve its Answer within 10 day.

Opposing Party to give NOTICE.

Defendant Hansen Steel Services, LLC demurs to the 1st cause of action for Negligence on the grounds that it fails to state facts sufficient and is uncertain.

1st CAUSE OF ACTION

NEGLIGENCE:

Workers' compensation is the exclusive remedy against an employer for an employee's injury or death that arises during the course and scope of employment. (Lab. Code § 3600.)

Lab. Code 4558 exempts power-press injuries from the exclusivity provisions of workers’ compensation. Lab. Code 4558(a)(4) defines a “Power press” as “any material-forming machine that utilizes a die which is designed for use in the manufacture of other products.”

¶¶ 13-16 describe the machine as a “power press.”

Defendant contends that because Plaintiff has alleged at ¶ 13 that the machine is used to cut and process sheet metal, it is therefore not a power press.

However, Plaintiff has alleged that the machine is both a power press and used to cut and process metal. If the machine performs various functions, such is an issue for expert opinion and/or summary judgment or trial. At this pleading stage, the court does not find that the allegations are contradictory.

Demurrer is OVERRULED.

Case Number: BC688996    Hearing Date: October 13, 2020    Dept: C

CARLOS MANUEL MICHEL-JIMENEZ vs. HANSEN STEEL SERVICES, LLC, ET AL.

CASE NO.: BC688996

HEARING:  10/13/20

#10

TENTATIVE ORDER

Defendant Hansen Steel Services, LLC’s demurrer to Plaintiff Carlos Manuel Michel-Jimenez’s First Amended Complaint is CONTINUED to Tuesday, December 1, 2020 at 10:30 a.m. in Dept. SE-C.

Moving Party to give NOTICE.

Moving Defendant is ORDERED to comply with CCP §430.41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits of the demurrer on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then Counsel for the Moving Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41 The declaration must be filed by no later than 3:00 p.m. on Monday, November 16, 2020.

CCP §430.41(a) states that, before filing a demurrer, the moving party must engage in a specified meet and confer process with the party who filed the pleading at issue for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the demurrer/motion to strike. “[T]he demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint…is filed, the responding party shall meet and confer again with the party who filed the amended pleading before a demurrer to the amended pleading.” (emphasis added.) (CCP §430.41(a).) A declaration setting forth such meet and confer efforts must accompany the demurrer. (CCP § 430.41(a)(3).)

The Court finds that the Moving Defendant has not satisfied its meet and confer obligations. Specifically, Moving Defendant alleges having sent one email correspondence on July 1, 2019 and one follow-up phone call. However, the attached email is from August 2018 and it references the original Complaint. The provisions of the Code are mandatory; compliance is not optional.

Case Number: BC688996    Hearing Date: June 23, 2020    Dept: SEC

MICHEL-JIMENEZ v. HANSEN STEEL SERVICES, LLC, et al.

CASE NO.:  BC688996

HEARING 6/23/20

JUDGE: OLIVIA ROSALES

#4

TENTATIVE ORDER

Plaintiff’s motion to compel further responses to request for production of documents is DENIED without prejudice.

Plaintiff Michel-Jimenez moves to compel further responses to request for production of documents pursuant to CCP § 2031.310.

The court is in receipt of an “Amended Notice of Motion and Motion of Plaintiff to Compel Further Responses to Request for Production of Documents” filed on 11/8/19. The Amended Notice states that it is based on the “attached Memorandum of Points and Authorities.” However, no Memorandum was attached to the Amended Notice, and the court could not locate any previously filed Memorandum.

Without a memorandum, it is unclear what specific remedy Plaintiff seeks. Further, as there is no opposition, it is unclear if Defendant was given a full and fair opportunity to respond. Accordingly, the motion is DENIED without prejudice.

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