Byers

BACKGROUND

This discovery dispute arises from an action brought by the Byerses against USAA, their homeowners insurer, as well as other defendants (Masters Distribution, Inc.; Clifton Michael Potter; and Crawford and Company). Among other causes of action in their operative complaint, the Byerses allege USAA is liable for breach of contract and breach of the covenant of good faith and fair dealing related to the installation of hardwood flooring at their Orinda home.1 The complaint’s prayer for relief includes a prayer: “For attorneys’ fees and costs.” On May 17, 2021, the Byerses responded to an interrogatory propounded by USAA asking: “If YOU contend that YOU are entitled to Brandt fees from USAA . . . relating to the LOSS, state each and every fact which supports your contention.” The Byerses’ verified response explained the facts supporting “[their] basis for Brandt fees” and concluded by stating: “The Byers are entitled to Brandt fees, as an element of damages caused by USAA wrongfully withholding benefits owing under its policies, including attorneys’ fees and other the [sic] prelitigation expenses incurred in the Byers’ attempts to obtain the benefits owing to them under…