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.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
MICHEL-JIMENEZ CARLOS MANUEL
DOES 1 THROUGH 20
LABOR READY INC.
HANSEN STEEL SERVICES LLC
LOS ANGELES CITY LAW APLC
REID DAVID PHILIP
VANCE NATALIE P.
7/24/2018: PROOF OF SERVICE OF SUMMONS
8/28/2018: DEFENDANT PEOPLEREADY, INC.'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO COMPLAINT
8/28/2018: DEFENDANT PEOPLE READY, INC.'S NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
9/14/2018: CIVIL DEPOSIT
9/26/2018: ORDER SUSTAINING THE DEMURRER TO THE COMPLAINT W/O LEAVE TO AMEND
10/31/2018: Memorandum of Costs (Summary)
1/14/2019: Proof of Service by Mail
4/10/2019: Notice of Motion
5/21/2019: Request for Refund / Order
6/12/2019: Minute Order
6/20/2019: Amended Complaint
1/5/2018: COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
Proof of Service by Substituted Service; Filed by Carlos Manuel Michel-Jimenez (Plaintiff)Read MoreRead Less
at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Advanced and VacatedRead MoreRead Less
Summons (on Complaint); Filed by Carlos Manuel Michel-Jimenez (Plaintiff)Read MoreRead Less
Amended Complaint (1st); Filed by Carlos Manuel Michel-Jimenez (Plaintiff)Read MoreRead Less
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Ruling on Submitted MatterRead MoreRead Less
Minute Order ( (Ruling on Submitted Matter)); Filed by ClerkRead MoreRead Less
Certificate of Mailing for (Minute Order (Ruling on Submitted Matter) of 06/13/2019); Filed by ClerkRead MoreRead Less
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 SubmissionRead MoreRead Less
Minute Order ( (Hearing on Motion for Order Motion to vacate an order dismiss...)); Filed by ClerkRead MoreRead Less
Declaration; Filed by Peopleready, Inc. (Defendant)Read MoreRead Less
Request for Judicial Notice; Filed by Peopleready, Inc. (Defendant)Read MoreRead Less
Proof of Service (not Summons and Complaint); Filed by Peopleready, Inc. (Defendant)Read MoreRead Less
Points and Authorities; Filed by Peopleready, Inc. (Defendant)Read MoreRead Less
Demurrer; Filed by Peopleready, Inc. (Defendant)Read MoreRead Less
Proof of Service (not Summons and Complaint); Filed by Carlos Manuel Michel-Jimenez (Plaintiff)Read MoreRead Less
PROOF OF SERVICE OF SUMMONSRead MoreRead Less
Complaint; Filed by Carlos Manuel Michel-Jimenez (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETCRead MoreRead Less
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.]
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
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
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
JUDGE: OLIVIA ROSALES
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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