Francies

Defendant Dr. William Kapla appeals from the judgment entered in favor of his former patient, plaintiff Nicholas Francies, on his complaint for medical malpractice, invasion of privacy, and violation of the Confidentiality of Medical Information Act, Civil Code section 56 et seq. (CMIA), based on the allegation that without Francies’s consent, Kapla disclosed Francies’s HIV status to Francies’s employer. Kapla contends the trial court erred by, among other things, permitting Francies to proceed on theories other than professional negligence; rejecting Kapla’s claims of judicial estoppel and litigation privilege; and entering judgment in Francies’s favor contrary to the weight of the evidence. Francies has filed a cross-appeal challenging the trial court’s calculation of damages.

In the unpublished portion of this opinion, we reject Kapla’s asserted errors with regard to the causes of action for medical malpractice and violation of the CMIA, but conclude the judgment is unsupported with regard to the cause of action for invasion of privacy. In the published portion of the opinion, we conclude the trial court erred in the manner in which it applied Code of Civil Procedure…