Kirkorian

FINAL ORDER OF SETTLEMENT APPROVAL AND GOOD FAITH DETERMINATION; ORDER AWARDING ATTORNEYS’ FEES

I. INTRODUCTION

On March 4, 1988, the Court granted preliminary approval of this $4 million settlement, and certified the proposed settlement class. The Class Action Settlement Notice was distributed to potential settlement class members on March 8, 1988.

The settling defendants are the “Title Company Defendants” (Northern Counties Title Insurance Company, Fidelity National Title Insurance Company, Earl Appenrodt, Henry P. Quinn, John W. Goings and James R. Walsh). The non-settling defendants are Eugene Borelli, Ursula Borelli, Pyramid Realty, and Hajime Higuchi (a former Borelli salesman).

The parties request that the Court:

(1) Approve the settlement under Federal Rule of Civil Procedure 23(e);

(2) Determine that the settlement is one in “good faith” under California Code of Civil Procedure sections 877 and 877.6, and for purposes of a corresponding federal doctrine recognized in In re Nucorp Securities Litigation, 661 F.Supp. 1403 (S.D. Cal.1987).

(3) Award plaintiffs’ counsel $70,000 in costs and $982,500 in attorneys’ fees.

Class members had until April 5, 1988 to opt out…