This case was last updated from Los Angeles County Superior Courts on 03/16/2020 at 10:20:24 (UTC).

VITALY VANYAN VS GENNADIY MENDELSON ET AL

Case Summary

On 10/02/2017 VITALY VANYAN filed a Personal Injury - Other Personal Injury lawsuit against GENNADIY MENDELSON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3351

  • Filing Date:

    10/02/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Plaintiffs and Petitioners

VANYAN VITALY

VANYAN ALVARD

Defendants and Respondents

MENDELSON ELINA

DOES 1 TO 10

MENDELSON GENNADIY

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

FASSONAKI NICOLE

FINKEL JAKE DANIEL

Defendant and Respondent Attorney

HAIGHT BROWN & BONESTEEL LLP

 

Court Documents

Request for Dismissal

2/24/2020: Request for Dismissal

Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF SETTLEMENT OF ENTIRE CASE)

12/9/2019: Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF SETTLEMENT OF ENTIRE CASE)

Notice of Settlement

12/9/2019: Notice of Settlement

Notice of Ruling

10/28/2019: Notice of Ruling

Opposition - OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME

8/19/2019: Opposition - OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME

Notice of Motion

8/19/2019: Notice of Motion

Notice of Ruling - NOTICE OF RULING RE: EX PARTE APPLICATION TO ADVANCE THE HEARING ON DEFENDANTS' MOTION FOR LEAVE TO CONDUCT PSYCHOLOGICAL EXAMINATION, OR IN THE ALTERNATIVE FOR A TRIAL CONTINUANCE

8/20/2019: Notice of Ruling - NOTICE OF RULING RE: EX PARTE APPLICATION TO ADVANCE THE HEARING ON DEFENDANTS' MOTION FOR LEAVE TO CONDUCT PSYCHOLOGICAL EXAMINATION, OR IN THE ALTERNATIVE FOR A TRIAL CONTINUANCE

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO ADVANCE THE HEARING ON DEF...)

8/20/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO ADVANCE THE HEARING ON DEF...)

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

5/20/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Stipulation and Order - Stipulation and Order TO CONTINUE TRIAL

2/14/2019: Stipulation and Order - Stipulation and Order TO CONTINUE TRIAL

Notice and Acknowledgment of Receipt -

12/7/2017: Notice and Acknowledgment of Receipt -

CIVIL DEPOSIT -

12/19/2017: CIVIL DEPOSIT -

Substitution of Attorney

11/28/2018: Substitution of Attorney

Notice and Acknowledgment of Receipt -

10/31/2017: Notice and Acknowledgment of Receipt -

Notice and Acknowledgment of Receipt -

10/31/2017: Notice and Acknowledgment of Receipt -

CoverSheet -

10/2/2017: CoverSheet -

Complaint -

10/2/2017: Complaint -

Other - - Summons

10/10/2017: Other - - Summons

15 More Documents Available

 

Docket Entries

  • 02/24/2020
  • DocketRequest for Dismissal; Filed by Vitaly Vanyan (Plaintiff); Alvard Vanyan (Plaintiff)

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  • 01/07/2020
  • Docketat 08:30 AM in Department 4B; Jury Trial ((2nd)) - Not Held - Advanced and Vacated

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  • 12/24/2019
  • Docketat 10:00 AM in Department 4B; Final Status Conference - Not Held - Advanced and Vacated

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  • 12/09/2019
  • Docketat 4:15 PM in Department 4B; Court Order

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  • 12/09/2019
  • DocketCertificate of Mailing for ((Court Order re Notice of Settlement of Entire Case) of 12/09/2019); Filed by Clerk

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  • 12/09/2019
  • DocketMinute Order ( (Court Order re Notice of Settlement of Entire Case)); Filed by Clerk

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  • 12/09/2019
  • DocketNotice of Settlement; Filed by Vitaly Vanyan (Plaintiff); Alvard Vanyan (Plaintiff)

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  • 10/28/2019
  • DocketNotice of Ruling; Filed by Gennadiy Mendelson (Defendant); Elina Mendelson (Defendant)

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  • 10/25/2019
  • Docketat 1:30 PM in Department 4B; Hearing on Motion for Leave (to conduct psychological examination) - Held

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  • 10/25/2019
  • DocketMinute Order ( (Hearing on Motion for Leave to conduct psychological examination)); Filed by Clerk

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28 More Docket Entries
  • 11/22/2017
  • DocketDefendant's Claim and Order to Go to Small Claims Court (Small Claims) First Amended

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  • 11/22/2017
  • DocketFirst Amended Complaint; Filed by Vitaly Vanyan (Plaintiff)

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  • 10/31/2017
  • DocketNotice and Acknowledgment of Receipt of Summons and Complaint

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  • 10/31/2017
  • DocketNotice and Acknowledgment of Receipt of Summons and Complaint

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  • 10/31/2017
  • DocketNotice and Acknowledgment of Receipt; Filed by Vitaly Vanyan (Plaintiff)

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  • 10/31/2017
  • DocketNotice and Acknowledgment of Receipt; Filed by Vitaly Vanyan (Plaintiff)

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  • 10/10/2017
  • DocketSummons; Filed by Vitaly Vanyan (Plaintiff)

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  • 10/10/2017
  • DocketSummons

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  • 10/02/2017
  • DocketComplaint

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  • 10/02/2017
  • DocketComplaint; Filed by Vitaly Vanyan (Plaintiff); Alvard Vanyan (Plaintiff)

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Tentative Rulings

Case Number: BC673351    Hearing Date: October 25, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION FOR LEAVE TO CONDUCT PSYCHOLOGICAL EXAMINATION

On October 2, 2017, plaintiffs Vitaly Vanyan (“Plaintiff”) and Alvard Vanyan (collectively, “Plaintiffs”) filed this action against Gennadiy Mendelson and Elina Mendelson (collectively, “Defendants”). Defendants seek leave to conduct a psychological examination of Plaintiff by Manuel Saint Marten, M.D., J.D.

Where any party seeks to obtain discovery by a physical examination other than that described in Section 2032.220, or by a mental examination, the party shall obtain leave of the court. (Code Civ. Proc., § 2032.310, subd. (a).) A mental examination shall be performed only by a licensed physician, or by a licensed clinical psychologist who holds a doctoral degree in psychology and has had at least five years of postgraduate experience in the diagnosis of emotional and mental disorders. (Code Civ. Proc., § 2032.020, subd. (c)(1).) “ “The only statutorily authorized justification for ordering a mental examination is that the ‘mental condition’ of the examinee is ‘in controversy.’” (Doyle v. Superior Court (1996) 50 Cal.App.4th 1878, 1886.) In the absence of an allegation that plaintiff has any current mental injury as a result of defendant’s alleged conduct, her present mental condition is not directly relevant. (Ibid.) Further, “[m]ental examinations are not authorized for the purpose of testing a person’s ‘credibility.’” (Ibid.)

Defendant argues Plaintiff put his mental condition at issue. Plaintiff alleges he fell on a property owned by Defendants that was undergoing renovations at the time and suffered a cut to his groin. Plaintiff contends he suffers from anxiety, insomnia, depression, nightmares, pain in the genital area, discomfort while having sex, bruising and laceration of the testicles, fainting, concussion, excessive bleeding, headaches, body aches, and bruising. He seeks compensation for headaches, nightmares and insomnia, erectile pain, ejaculatory pain, erectile dysfunction, depression, testicular pain, weight gain, and total erectile dysfunction. Plaintiffs allege loss of consortium and associated damages.

Plaintiff’s urologist, Dr. Soroush Ramin, testified that Plaintiff’s alleged erectile dysfunction was not caused by any kind of penetrating injury that may have caused damage to the arteries to the penis. (Orozco Decl., Exh. D, 37:10-18.) Instead, Dr. Ramin testified that he thought Plaintiff’s “erectile dysfunction was more related to his weight gain, post-traumatic stress disorder, more psychologic, [sic] and also somewhat related to the estrogen level.” (Id. at 52:17-24.) Dr. Ramin also testified that it was more likely that Plaintiff’s alleged erectile dysfunction is “psychologically based.” (Id. at 54:15-16.) Ultimately, Dr. Ramin opined that Plaintiff’s erectile dysfunction happened “for essentially two factors”: a psychological factor and a hormonal factor.

Plaintiff argues Defendants failed to show “exceptional circumstances.” However, the “exceptional circumstances” standard only applies if the parties stipulate to Code of Civil Procedure section 2032.320 (c), something Plaintiff has refused to do. Plaintiff also argues a mental examination is not needed because Dr. Ramin testified that Plaintiff’s erectile dysfunction may be caused by psychological and hormonal reasons. However, Plaintiff refuses to stipulate that there are no psychological reasons for the injuries he claims.

Plaintiff’s allegations and claims for damages as stated in his discovery responses establish that he intends to pursue mental and emotional distress damages and that he currently suffers from mental injuries related to Defendants’ alleged conduct. Thus, he has placed his mental state in controversy.

Accordingly, Defendants’ motion is GRANTED. Plaintiff is ordered to submit to a mental examination by Dr. Manuel Saint Martin within the next 30 days or on a date agreed to by the parties. The examination will consist of history taking and observation to gather information about current complaints, history of injuries, development of psychological and physical symptoms, treatment received, and the effect of those treatments on his symptoms; and some or all of the following psychological tests – MMPI-2-RF, MCMI-IV, Personality Assessment Inventory, and Structured Interview of Reported Symptoms. The examination will not have an invasive, dangerous, or painful physical procedures. Dr. Saint Martin will audio-record the examination and provide the recording to Plaintiff’s expert. The examination will last four to five hours exclusive of breaks.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.