Brandt Fees: Yes, They Can Be Assigned

 

Unpublished Second District Decision So Held Last Year.

      In Brandt v. Superior Court, 37 Cal.3d 813 (1985), the California Supreme Court determined that attorney’s fees were recoverable as damages to insureds for purposes of recovering the contractual benefits under insurance policies.

     Are Brandt fees assignable (likely part of a settlement)? For those of you wanting an answer—and it is “yes”—see the reasoning of the Second District from an unpublished decision of fairly recent vintage, Encarnacion v. 20^th Century Ins. Co., Case No. B179825 c/w B182737 (2d Dist., Div. 1 Sept. 21, 2007) (unpublished).