This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
News

Criminal,
Probate

Jan. 3, 2018

Attorneys for Vegas shooting victims meeting to discuss unique probate opportunity

Unlike most mass shooters, Stephen Paddock left a sizable estate, one that plaintiffs’ attorneys are trying to keep out of litigation.

Attorneys for Vegas shooting victims meeting to discuss unique probate opportunity
ARTINIAN

California firms are joining the effort to keep the estate of the Las Vegas mass shooter out of litigation.

Unlike other mass shooters, Stephen Paddock, who opened fire on a concert from Mandalay Bay Resort and Casino in October, left a sizable estate, and plaintiffs attorneys will convene in Las Vegas this month to strategize getting fair compensation for the victims and avoid draining the estate with lawsuits.

“If there is just one lawsuit filed against the estate, there goes a lot of money,” said Catherine R. Lombardo, a personal injury attorney at The Napolin Law Firm in Claremont who is representing a number of victims. “We are trying to come up with a plan that will avoid any expense to the estate, thereby preserving every single dollar for the victims.”

The meeting will include a nationwide coalition of law firms, including a number from California, according to Lombardo. The coordination effort is still ongoing and the exact number of firms is still being established.

Leading the effort is Alice Denton, a Nevada-based attorney, who said the unique nature of Paddock’s estate presents a challenge but one that can be easily met.

“There is no precedent that we’re aware of,” she said, “but we believe it’s a reasonable goal [to avoid litigation] and I think it’s to the benefit of everyone.”

Paddock’s estate was named in a lawsuit filed in Los Angeles County Superior Court shortly after the Oct. 1 shooting. The wrongful death suit, which was filed by the family of deceased 28-year-old Andrea Castilla, names MGM Resorts International, which owns Mandalay Bay, and concert promoter Live Nation Entertainment Inc. as the main defendants. Castilla v. MGM Resorts International., BC679987 (L.A. Super. Ct., filed Oct. 17, 2017). A similar suit was filed on behalf of Castilla’s sister and boyfriend the following day. Castilla et al. v. MGM Resorts International et al., BC680193 (L.A. Super. Ct., filed Oct. 18, 2017).

But as part of the coordinated efforts to keep the estate out of litigations, lawyers representing the Castilla family have requested dismissals with the intent of refiling in Nevada without naming the estate as a defendant.

“One of the reasons for dismissal and intent to refile is our analysis and discussion with counsel about their intent for coordinated action,” said Michael H. Artinian, whose firm Bridgford, Gleason & Artinian is representing Castilla’s family in both litigations. “Initially there was some disjointedness because of the number of people who were injured and the number of firms that were involved. Now that we’ve identified each other, there are more coordinated efforts on how to approach the case.”

Artinian, who will be attending the meeting, said the need for coordination goes beyond Paddock’s fortune and speaks more toward the amount of victims: Paddock killed 58 and wounded more than 500 before killing himself.

“The guy has more money than most mass shooters, yes, but considering how many claims there’s going to be, an estimated $5 million estate is not really that much,” Artinian said. “That could be quickly depleted with fees spent in defending the estate.”

Some attorneys attending the meeting are still pursuing compensation through litigation. Richard A. Patterson, senior partner of Valencia-based Owen, Patterson & Owen LLP, is representing a group of nearly 100 victims in a suit filed in Los Angeles that names the estate as a co-defendant. Mayfield et al. v. MGM Resourts International et al., BC687120 (L.A. Super. Ct., filed Dec. 15, 2017). One of Patterson’s clients was the first to file an ex parte petition in Nevada for appointment of a special administrator to protect Paddock’s assets. With the decision still pending, Patterson said it is better to act quickly.

“We don’t want to wake up and find out this money was wired out of the country,” said Patterson, who will also be attending the meeting. “It’s the best decision for us right now, but I’m interested in seeing eye to eye with the other plaintiffs attorneys and see what their motivations are.”

A date has not been set as of press time for the meeting.

#345488

Paula Lehman-Ewing

Daily Journal Staff Writer
paula_ewing@dailyjournal.com

For reprint rights or to order a copy of your photo:

Email Jeremy_Ellis@dailyjournal.com for prices.
Direct dial: 213-229-5424

Send a letter to the editor:

Email: letters@dailyjournal.com