Vella

The within litigation has been pending in the trial court, Court of Appeal, or Supreme Court since 1969. After three appellate reversals, we now affirm the ruling of the trial court, with the wistful hope that the dispute between these parties will finally be put to rest.

We recite the underlying facts by quoting from the unanimous opinion of the California Supreme Court issued in 1977:

In 1978, we ordered a partial retrial of the matter, on the issue of plaintiff Vella’s right to an accounting, attorney’s fees and costs. Following that retrial, plaintiff was awarded damages, but denied attorney’s fees. We subsequently reversed the order denying attorney’s fees, holding that the statutory right to such fees under Civil Code section 1717 was applicable because the note secured by the second trust deed contained an attorney’s fee clause. The instant appeal is taken from the trial court’s order granting to plaintiff attorney’s fees in the sum of $50,000.

Defendant contends that the trial court was limited in its award of fees by the terms of a contingency fee contract entered into between plaintiff and her attorney. Under that contract, as interpreted by defendant, the…