Is a plaintiff entitled to attorney fees under section 1021.4 of the Code of Civil Procedure?

B.C. faults the trial court for citing Wood v. McGovern (1985) 167 Cal.App.3d 772 (Wood). Wood held Code of Civil Procedure section 1021.4 authorized attorney fees in cases arising before its effective date, and remanded to the trial court with directions to exercise its discretion under the section. Wood stated, "On remand, we assume the court will consider those issues [the defendant's maliciousness and plaintiff's comparative fault], the 40 percent contingency fee arrangement between [the plaintiffs] and their counsel and the usual factors employed in the fixing of fees." (Id. at p. 779.) The court noted a contingency fee contract may preclude a statutory fee award, but it is only "a factor to consider in the award." (Id. at pp. 779-780.)