Stewart v. Property and Casualty Insurance Company of Hartford

Filing 12

STIPULATION and ORDER re bifurcation of trial of Brandt fee issue signed by District Judge Troy L. Nunley on 9/10/2018. (Zignago, K.)

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ANN K. JOHNSTON (SBN 145022)
[e-mail]
TED A. SMITH (SBN 159986)
[e-mail]
JOHNSTON | SMITH
A Law Corporation
300 Tamal Plaza, Suite 215
Corte Madera, CA 94925
Tel: [phone] • Fax: [phone]

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Attorneys for Defendant
PROPERTY AND CASUALTY INSURANCE
7 COMPANY OF HARTFORD
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

A Law Corporation
300 Tamal Plaza, Suite 215
Corte Madera, CA 94925

JOHNSTON | SMITH

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COLLEEN STEWART,

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Plaintiff,

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vs.

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PROPERTY AND CASUALTY
INSURANCE COMPANY OF
HARTFORD,

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Defendants.

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CASE NO. 2:17-CV-02418-TLN-KJN
STIPULATION AND ORDER RE
BIFURCATION OF TRIAL OF
BRANDT FEE ISSUE
DATE ACTION FILED: 10/12/2017
TRIAL DATE:
None

IT IS HEREBY STIPULATED AND AGREED by and between and among

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Plaintiff Colleen Stewart and Defendant Property and Casualty Insurance

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Company of Hartford referred to collectively as “the parties,” by and through their

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respective attorneys of record, as follows:

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Pursuant to the suggestion of the California Supreme Court in Brandt v.

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Superior Court (1985) 37 Cal.3d 813, 819-820, the parties agree that they will

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bifurcate the issue of attorney’s fees incurred in pursuit of policy benefits, i.e.

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“Brandt fees” to be tried to the court following any determination by a jury of a

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breach of the implied covenant of good faith and fair dealing by Defendant in the

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handling of Plaintiff’s claim.
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Stipulation & Order re Bifurcation of Trial
of Brandt Fee Issue

Case No. 2:17-cv-02418-TLN-KJN

Following a finding by the jury of a breach of the implied covenant of good

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faith and fair dealing, Plaintiff shall have ten days after a verdict has been rendered

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to produce to Defendant any and all attorney fee agreements and attorney fee

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arrangements between Plaintiff and any law firm or attorney relating to pursuit of

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policy benefits in the subject action, and attorney bills and documents regarding

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attorney’s fees relating to the pursuit of policy benefits in the subject action.

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Within 20 days of production of this documentation, Defendant may perform

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discovery regarding attorney’s fees, including deposing Plaintiff’s counsel

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regarding any fees claimed by Plaintiff in the present action. Within 20 days

A Law Corporation
300 Tamal Plaza, Suite 215
Corte Madera, CA 94925

following the completion of any depositions of Plaintiff’s counsel regarding any

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JOHNSTON | SMITH

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fees claimed by Plaintiff in the present action, or at the court’s earliest

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convenience, whichever is later, the Brandt fee issue will be tried to the court in a

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separate bifurcated proceeding.
The parties agree that there will be no reference to attorney’s fees during the

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jury trial of this matter.

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DATED: September 4, 2018

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By:__/s/ James H. Vorhis
As authorized on 9/4/18
James H. Vorhis
Attorneys for Plaintiff
Colleen Stewart

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NOSSAMAN LLP

DATED: September 4, 2018

JOHNSTON | SMITH
By: s/ Ann K. Johnston
Ann K. Johnston
Attorneys for Defendant
Property and Casualty Insurance
Company of Hartford

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///

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///

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Stipulation & Order re Bifurcation of Trial
of Brandt Fee Issue

Case No. 2:17-cv-02418-TLN-KJN

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IT IS SO ORDERED.

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Dated: September 10, 2018

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Troy L. Nunley
United States District Judge

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A Law Corporation
300 Tamal Plaza, Suite 215
Corte Madera, CA 94925

JOHNSTON | SMITH

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Stipulation & Order re Bifurcation of Trial
of Brandt Fee Issue

Case No. 2:17-cv-02418-TLN-KJN