Dalrymple
United Services Automobile Ass'n v. Dalrymple
Opinion
Opinion
Wiener, J.
—Plaintiff United Services Automobile Association (USAA) brought this declaratory relief action against defendant Ann Dalrymple to resolve a coverage dispute concerning Dalrymple’s renter’s insurance policy. Dalrymple cross-complained alleging that USAA’s denial of coverage was in bad faith. Significantly, the cross-complaint was severed and the declaratory relief action proceeded to trial.
At the close of USAA’s case, Dalrymple successfully moved for nonsuit pursuant to Code of Civil Procedure section 631.8. USAA requested a statement of decision which the court directed Dalrymple to prepare. Instead, Dalrymple submitted a document entitled “Order for Judgment” which specified the court’s findings. This order recited that Dalrymple was entitled to attorney’s fees under the authority of Brandt v. Superior Court (1985) 37 Cal.3d 813 [ 210 Cal.Rptr. 211 , 693 P.2d 796 ]. USAA refused to approve the order as to form but the record does not reveal the basis for its objection. In any event, the court signed the order on June 8, 1990, and five days later signed a conforming judgment incorporating Dalrymple’s entitlement to attorney’s fees.