Byers v. Superior Court (2024) A169321 A169321; filed 5/7/24. ![[Files/CaseFiles/A169321.PDF]] [Opinion PDF](https://www.courts.ca.gov/opinions/archive/A169321.PDF) ## Rule excerpts Brandt fees as insurance bad-faith damages; waiver limited to records supporting those fees, with redaction of unrelated privileged entries. > When a party seeks attorney fees as damages caused by an insurer’s breach of the covenant of good faith and fair dealing under Brandt v. Superior Court (1985) 37 Cal.3d 813, 819 (Brandt), it impliedly waives the attorney–client privilege with respect to its attorney fees agreements, invoices, fees statements, billing records, receipts, and proof of payments (collectively, attorney fees documents) that evidence the amount of its damages. — Byers v. Superior Court (2024) A169321, slip op., p. 1. > The Byerses may redact entries that are not recoverable as Brandt fees because such fees were not incurred to obtain payment under the insurance policy and, therefore, they are not evidence of the Byerses’ damages. Nor have the Byerses waived any privileges with respect to records of fees incurred to pursue claims against USAA other than to prove coverage under the policy. — Byers v. Superior Court (2024) A169321, slip op., p. 12.