Split On Issue, But Sixth District Says Brandt Appellate Fees Are Recoverable.
After an insured won an insurance dispute on appeal, the insured requested attorney’s fees under Brandt v. Superior Court, 37 Cal.3d 18 (1985) in the recent unpublished decision of Olsen v. The Standard Fire Ins. Co., Case Nos. H042154/H042260 (6th Dist. Feb. 9, 2017) (unpublished). The Sixth District agreed to do so, acknowledging it had allowed such recovery of fees on appeal in Baron v. Fire Ins. Exch., 154 Cal.App.4th 1184, 1198 (2007), albeit parting company with a sister court not allowing for recovery Brandt fees on appeal (see Burnaby v. Standard Fire Ins. Co., 40 Cal.App.4th 787, 797 (1995)). Because Brandt fees are in the nature of damages, the matter was remanded for the trial court to consider the request upon appropriate motion—apparently based on the premise that the jury returning the special verdicts was discharged and could not be recalled to perform this task.