This case was last updated from Los Angeles County Superior Courts on 07/10/2019 at 00:48:17 (UTC).

JOHNNY ANAYA ET AL VS SUPERIOR INDUSTRIES INC ET AL

Case Summary

On 09/11/2015 JOHNNY ANAYA filed a Personal Injury - Other Product Liability lawsuit against SUPERIOR INDUSTRIES INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is BENNY C. OSORIO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4187

  • Filing Date:

    09/11/2015

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

BENNY C. OSORIO

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

ANAYA JOHNNY

PEREZ ELIZA

Defendants, Respondents and Cross Plaintiffs

DOES 1-100

SUPERIOR INDUSTRIES INC.

TEREX CORPORATION

TRI-STATE AGGREGATE MACHINERY PARSELL

TRI-STATE AGGREGATE MACHINERY PARSELL &

SUPERIOR INDUSTRIES CONVEYORS INC.

PARSELL & GETTERS LP

GENERAL EQUIPMENT & SUPPLIES INC.

ESPARZA DAVID

TEREX USA LLC

DAVID ESPARZA SAFETY CONSULTANTS

CEDARAPIDS INC. DOE 3

Defendant and Cross Defendant

TEREX USA LLC

Minors

ANAYA DELILA

ANAYA EZEKIEL

Not Classified By Court

SAMPLES ROSA

TEST PARTY FOR TRUST CONVERSION

PURCELL CYNTHIA

NEILLY MARCO

3 More Parties Available

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorneys

SHOOP | A PROFESSIONAL LAW CORPORATION

LIDDY LAW FIRM

FIRM LIDDY LAW

ESNER STUART B. ESQ.

Defendant and Respondent Attorneys

MALEK & MALEK LAW OFFICES OF

DUBRAWSKI PETER A. ESQ.

MALEK JEFFREY L. ESQ.

LUCAS THOMAS

WFBM LLP

KANIEWSKI JOHN A. ESQ.

 

Court Documents

SUMMONS

9/24/2015: SUMMONS

AMENDMENT TO COMPLAINT

10/30/2015: AMENDMENT TO COMPLAINT

PROOF OF SERVICE SUMMONS

12/17/2015: PROOF OF SERVICE SUMMONS

DEFENDANT PARSELL & GETTERS, LP'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS' COMPLAINT; ETC

1/19/2016: DEFENDANT PARSELL & GETTERS, LP'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS' COMPLAINT; ETC

NOTICE OF CONTINUANCE OF HEARING ON DEFENDANT PARSELL & GETTERS, LP'S MOTION TO STRIKE PORTIONS OF COMPLAINT

4/29/2016: NOTICE OF CONTINUANCE OF HEARING ON DEFENDANT PARSELL & GETTERS, LP'S MOTION TO STRIKE PORTIONS OF COMPLAINT

CROSS-COMPLAINT FOR EQUITABLE INDEMNITY, CONTRIBUTION, DECLARATORY RELIEF

5/5/2016: CROSS-COMPLAINT FOR EQUITABLE INDEMNITY, CONTRIBUTION, DECLARATORY RELIEF

ANSWER OF GENERAL EQUIPMENT & SUPPLIES, INC. DFB/A TRI-STATE AGGREGATE MACHINERY TO SUPERIOR INDUSTRIES CONVEYORS, INC.'S CROSS-COMPLAINT

6/3/2016: ANSWER OF GENERAL EQUIPMENT & SUPPLIES, INC. DFB/A TRI-STATE AGGREGATE MACHINERY TO SUPERIOR INDUSTRIES CONVEYORS, INC.'S CROSS-COMPLAINT

ANSWER OF TEREX USA, LLC TO CROSS-COMPLAINT OF SUPERIOR INDUSTRIES, INC. D/B/A SUPERIOR INDUSTRIES CONVEYORS, INC. FOR EQUITABLE INDEMNITY, CONTRIBUTION, DECLARATORY RELIEF

6/6/2016: ANSWER OF TEREX USA, LLC TO CROSS-COMPLAINT OF SUPERIOR INDUSTRIES, INC. D/B/A SUPERIOR INDUSTRIES CONVEYORS, INC. FOR EQUITABLE INDEMNITY, CONTRIBUTION, DECLARATORY RELIEF

DEFENDANT GENERAL EQUIPMENT & SUPPLIES, INC.'S (D/B/A TRI-STATE AGGREGATE MACHINERY) NOTICE OF MOTION AND MOTION TO COMPEL THE PRODUCTION OF PHOTOGRAPHS IN RESPONSE TO ITS SUBPOENA TO THE RIVERSIDE CO

7/20/2016: DEFENDANT GENERAL EQUIPMENT & SUPPLIES, INC.'S (D/B/A TRI-STATE AGGREGATE MACHINERY) NOTICE OF MOTION AND MOTION TO COMPEL THE PRODUCTION OF PHOTOGRAPHS IN RESPONSE TO ITS SUBPOENA TO THE RIVERSIDE CO

Unknown

10/11/2016: Unknown

NOTICE OF RULING

11/1/2016: NOTICE OF RULING

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

7/11/2017: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

DEFENDANT TEREX USA, LLC?S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

10/25/2017: DEFENDANT TEREX USA, LLC?S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

TEREX USA, LLC'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR ETC.

10/25/2017: TEREX USA, LLC'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR ETC.

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF FAB TEC, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

10/27/2017: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF FAB TEC, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

APPENDIX OF EXHIBITS IN SUPPORT OF FAB TEC, INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

10/27/2017: APPENDIX OF EXHIBITS IN SUPPORT OF FAB TEC, INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

FAB TEC, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

10/27/2017: FAB TEC, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

DECLARATION OF FRANK CHURCH IN SUPPRT OF FAB TEC, INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

10/31/2017: DECLARATION OF FRANK CHURCH IN SUPPRT OF FAB TEC, INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

109 More Documents Available

 

Docket Entries

  • 01/08/2019
  • Appeal Record Delivered (Reporter's Correction on Reporter's Transcript); Filed by Clerk

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  • 01/04/2019
  • Appeal Record Delivered; Filed by Clerk

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  • 12/11/2018
  • Appellate Order Extension of Time (ORDER OF EXTENSION FOR APPEAL FILED 7/10/18); Filed by Clerk

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  • 09/28/2018
  • NOTICE OF ASSOCIATION OF COUNSEL AND APPEARANCE

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  • 09/27/2018
  • Association of Attorney; Filed by Johnny Anaya (Plaintiff); Delila Anaya (Legacy Party); Ezekiel Anaya (Legacy Party) et al.

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  • 09/19/2018
  • Notice of Designation of Record; Filed by Jeffrey L. Malek, Esq. (Attorney); Tri-State Aggregate Machinery, Parsell & (Defendant); General Equipment & Supplies, Inc. (Legacy Party)

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  • 09/19/2018
  • APPELLANTS NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

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  • 09/12/2018
  • Notice; Filed by Clerk

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  • 09/12/2018
  • NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

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  • 09/11/2018
  • at 08:30 AM in Department 97; (OSC RE Dismissal; Transferred to different departmnt) -

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633 More Docket Entries
  • 09/11/2015
  • Application ; Filed by Plaintiff/Petitioner

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  • 09/11/2015
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEMCIVIL

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  • 09/11/2015
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEMCIVIL

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  • 09/11/2015
  • Application ; Filed by Plaintiff/Petitioner

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  • 09/11/2015
  • Application ; Filed by Plaintiff/Petitioner

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  • 09/11/2015
  • Complaint; Filed by Johnny Anaya (Plaintiff)

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  • 05/18/2015
  • Miscellaneous-Other; Filed by Plaintiff/Petitioner

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  • 01/05/2013
  • Motion in Limine; Filed by Plaintiff/Petitioner

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  • 01/05/2013
  • Reply to Opposition; Filed by FAB TEC, Inc. (DOE 2) (Defendant)

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  • 01/01/1900
  • at 08:32 AM in Department Legacy; Unknown event

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Tentative Rulings

Case Number: BC594187    Hearing Date: January 14, 2020    Dept: 74

BC594187 JOHNNY ANAYA ET AL VS SUPERIOR INDUSTRIES INC ET AL

Petitioner Eliza Perez’ Petitions to Confirm Minors’ Compromises

TENTATIVE RULING: The petitions are GRANTED. Petitioner must appear at the hearing unless the Court finds good cause to excuse her appearance. Petitioner may appear telephonically. CRC 7.952.

The Court has reviewed the petitions and finds the settlement amounts to be fair and reasonable. Claimants’ portion of the settlement is $8,000,000 each.

Claimants’ attorneys seek $3,066,666.66 in attorney’s fees and $26,333.34 in costs for each settlement portion. Thus, the remaining balance to each claimant shall be $4,907,000.00. Petitioner provides a breakdown of costs that appear necessary and proper. The attorney’s fees sought amounts to slightly over 38% of the settlement amount. Generally, 25% in attorney’s fees for a minor’s compromise petition is more than reasonable, unless a higher award can be justified. Here, counsel provides the retainer fee agreements and details the history of the case which lasted approximately 6 years, the amount of time and labor required, and the substantial result obtained. The attorney’s fees are justified based on the procedural posture of the case and the results obtained.

The funds will be ordered into a blocked UTMA account with Merrill Lynch, and $4,000,000 will be used by General Equipment to purchase an annuity from Berkshire Hathaway Life Insurance Company that will pay claimant Delila the sum of $3,942 for life, payable monthly, guaranteed for 30 years beginning on 7/9/21, increasing at a rate of 4% compounded annually, with the last guaranteed payment on 6/9/41. The total expected payout is $17,544,686.83. Claimant Ezekiel’s payments will begin on 8/30/24 and thus will be in the sum of $4,680 with the last guaranteed payment on 7/30/54, for a total expected payout of $18,166,626.83.

Based on the evidence presented in the petitions, the settlements are in the best interest of the minors.