Is an award of attorney fees under the Brandt v. Superior Court doctrine excluded from compensatory damages?
California, United States of America
The following excerpt is from Nickerson v. Stonebridge Life Ins. Co., 203 Cal.Rptr.3d 23, 371 P.3d 242, 63 Cal.4th 363 (Cal. 2016):
We granted review, limited to the following question: Is an award of attorney fees under Brandt v. Superior Court (1985) 37 Cal.3d 813, 210 Cal.Rptr. 211, 693 P.2d 796, properly included as compensatory damages where the fees are awarded by the jury, but excluded from compensatory damages when they are awarded by the trial court after the jury has rendered its verdict?
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