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URBANIAK v. NEWTON

Docket No. A055835.

19 Cal.App.4th 1837 (1993)

24 Cal. Rptr.2d 333

RICHARD URBANIAK, as Administrator, etc., Plaintiff and Respondent, v. FREDERIC H. NEWTON et al., Defendants and Appellants.

Court of Appeals of California, First District, Division One.

November 12, 1993.

Attorney(s) appearing for the Case

COUNSEL

O'Connor, Cohn, Dillon & Barr, Duncan Barr, Susan Reifel, Paul N. Halvonik, Fred J. Hiestand, Lynch, Loofbourrow, Helmenstine, Gilardi & Grummer, Daniel F. McLennon and Robert T. Lynch for Defendants and Appellants.

Bien, Summers & Dale, Richard R. Dale and Elliot L. Bien for Plaintiff and Respondent.

OPINION

DOSSEE, J.

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.1

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