Zetlen

Plaintiff bank sued to recover the balance due on a promissory note which provided that in the event of default plaintiff shall be entitled to recover reasonable attorney’s fees in any action brought to collect thereon. On an order granting plaintiff’s motion for summary judgment, judgment was entered in plaintiff’s favor and against defendants for $7,469.09, which included interest, costs and attorney’s fees. Defendants appealed from the judgment which was affirmed by this court. (American City Bank v. Zetlen, 253 Cal.App.2d 548 [ 61 Cal.Rptr. 311 ].) Thereafter defendants’ petition for hearing was denied by the Supreme Court of California and on October 16, 1967, remittitur was filed in the superior court.

Fifteen days after the judgment became final plaintiff filed Notice of Motion for Attorney’s Fees together with Declaration of Gerald Lipsky and Memorandum of Points and Authorities. By its motion plaintiff sought an order of the superior court requiring defendants to pay reasonable attorney’s fees incurred by it on defendants’ appeal “on the ground that the agreement of the parties, on which the complaint and judgment are based, provides for the recovery of reasonable…