In the court of appeal of the state of California, First Appellate District, Division Five, a lawsuit was filed by George Byers and Sheila Byers against USAA General Indemnity Company and other defendants including Masters Distribution Inc., Clifton Michael Potter, and Crawford and Company. The case is identified as A169321, filed in the Superior Court of Contra Costa County on May 7, 2024.
The Byerses are challenging the trial court's order granting USAA's motion to compel further responses to document requests seeking attorney fees documents. They also request a delay in the production of their attorney fees documents until after a jury determines liability. The dispute arises from an action brought by the Byerses against USAA and other defendants for alleged breach of contract and breach of good faith and fair dealing related to hardwood flooring installation at their Orinda home.
On May 17, 2021, the Byerses responded to an interrogatory propounded by USAA concerning entitlement to Brandt fees. On May 1, 2023, USAA served document requests which included four requests related to attorney’s fees based on contention that policy benefits were unreasonably withheld.
The plaintiff is seeking judgment for attorneys' fees and costs as damages caused by an insurer’s breach of good faith and fair dealing under Brandt v. Superior Court (1985). However, the trial court granted USAA's motion to compel further responses regarding attorney fee documents. The Byerses are now appealing this decision.
Judges Jackson, Simons and Burns all concur that when a party seeks attorney fees as damages, the party waives the attorney-client privilege with respect to its attorney fee agreements as evidence. The trail court did not err in its decision to grant USAA's motion to compel further document requests seeking attorney fees documents