Case Number: PC052934    Hearing Date: August 11, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

JUANA L. PADILLA, et al.,
Plaintiff(s),
vs.
SIX FLAGS ENTERTAINMENT CORP., et al.,
Defendant(s).

Case No.: PC052934

[TENTATIVE] ORDER GRANTING PETITIONER’S PETITION TO APPROVE COMPROMISE OF MINOR

Dept. 92
1:30 p.m. — #20
August 11, 2014

Petitioner’s Petition to Approve Compromise of Minor, Diego Doblado, will be Granted if Minor Plaintiff and Petitioner Appear at the Hearing to the Satisfaction of the Court.

Plaintiffs, Steven, Diego, Cinthia, and Maholi Doblado filed this action against Defendant, Magic Mountain, LLC for wrongful death arising out of an incident involving Plaintiffs’ father. Each of the plaintiffs has agreed to settle his/her claims against Defendant for $12,500.

Minor Plaintiff, Diego, by and through his GAL and attorney, has also agreed to settle his action against Defendant for the total amount of $12,500. If approved, $5000 will be used for attorneys’ fees and $2003.22 for costs of suit. Petitioner proposes to place the net settlement amount of $5,496.78 in a blocked account.

The Court has reviewed the settlement and finds it is fair and reasonable. The Court notes that the attorneys’ fees are in the amount of 40% of the total settlement, which is per the parties’ retainer agreement. The Court does not typically permit such high fees in cases involving minors. In this case, however, Counsel’s declaration explains that the case was tried to a jury, and that the trial resulted in a hung jury, and the settlement occurred post-trial. The Court finds this is sufficient to support an award of attorneys’ fees in the full amount of the parties’ retainer agreement.

Finally, per CRC 7.952, Petitioner and Plaintiff must appear at the hearing. The Court will require their appearance in order to grant the petition.

Dated this 11th day of August, 2014

Hon. Elia Weinbach
Judge of the Superior Court