Urbaniak

This is an appeal from the award of attorney fees to respondent for a previous appeal in an action for damages caused by dissemination of the positive HIV status of respondent’s decedent. We find that respondent was not a “successful party” within the meaning of Code of Civil Procedure section 1021.5 and reverse.

Background

Decedent Gary Urbaniak was injured at work, and his employer’s insurance carrier, Allianz Insurance Company (Allianz), sent him to Dr. Frederic Newton, a neurologist, for evaluation. In his examination, Dr. Newton utilized metal electrodes with sharp points, which drew blood. After the examination was completed, Urbaniak told the nurse to be careful sterilizing the electrodes because he was HIV positive and said that he did not want this information to go into the doctor’s report. Despite this request, Dr. Newton used the information to report to Allianz that Urbaniak’s neck and back pain might be due to increased muscle tension brought on by stress over his HIV diagnosis. (Urbaniak v. Newton (1991) 226 Cal.App.3d 1128, 1133-1134 [ 277 Cal.Rptr. 354 ].)

Newton sent the report to the attorneys for Allianz (John Párente and Paul Karasoff), the…