Clune

This matter was certified to this court pursuant to rule 63(a) and (c), California Rules of Court. The question presented is succinctly set forth in the opinion rendered by the appellate department of the superior court. Since we agree with both the reasoning and the result reached in the opinion authored by Judge Martin Katz and concurred in by Judges James Whyte (P. J.) and Delbert Wong of that department, we hereby adopt that opinion as the opinion of this court:

Plaintiff’s assignors were employed as attorneys by defendant, the guardian of the estate of an incompetent person, to represent him in guardianship matters. Nothing was said by the parties either as to the amount or method of payment of the attorney’s fees. In 1968, the attorneys filed in the guardianship proceedings a petition for allowance of fees for both ordinary and extraordinary services, and were awarded $3,500, which was paid. In 1969, they sought an additional allowance of fees in the amount of $4,706.26, 1 and were awarded by the court $1,025, which was also paid. Thereafter, the present action was commenced against defendant personally to recover on the theory of quantum meruit for legal services…