Insurance: 1/1 DCA, Despite Holding Differently Earlier, Finds That Insured Is Entitled To Brandt Fees On Appeal

It Found Baron More Persuasive.

In RMB Real Estate Investments 2, LLC v. California Capital Ins. Co., Case No. A170466 (1^st Dist., Div. 1 July 13, 2026) (unpublished), the appellate court affirmed a case against an insurance carrier after determining that a 10:1 punitive ratio passed constitutional muster.  However, on appeal, the issue arose as to whether Brandt fees could be awarded for appellate success.  The 1/1 DCA acknowledged there was a split of authority and had, in an earlier opinion, rejected awarding appellate fees.  However, based on Baron v. Fire Ins. Exchange, 154 Cal.App.4^th 1184, 1198 (2007), this appellate court found that Brandt fees on appeal were appropriate.  Just goes to show how appellate courts can be persuaded by other opinions which they find may lead to a different result.