Doctor’s Appearance in Court Canceled

The attorney who wanted Tustin gynecologist Ivan C. Namihas to testify in a malpractice case--and persuaded a judge to issue an arrest warrant to ensure that he would show up--decided Tuesday that she could do without his testimony, prompting cancellation of his scheduled appearance in court today.

Lawyers on both sides of the continuing civil case agreed that it was not necessary for Namihas to appear in person to testify because portions of a sworn deposition he gave could be introduced as evidence instead. At their request, Orange County Superior Court Judge Francisco F. Firmat withdrew the bench warrant he had issued for Namihas last week, the judge’s clerk said.

Paul Meyer, one of Namihas’ lawyers, confirmed that the warrant was withdrawn and said that as a result, the doctor would not have to go to court today.

“The subpoena issue turned out to be much ado about nothing,” Meyer said.

Namihas, 59, who is the target of investigations into complaints that he sexually molested scores of his patients, had been subpoenaed to testify last week in a malpractice case brought by a former patient, Celia Herrera, over injuries and complications she suffered during and after the delivery of her baby.

Namihas settled his portion of the suit and no longer is a defendant. But Herrera’s lawyer, Roseline Warner, wanted him to testify against the other doctor, Sergio Mandiola, who is the remaining defendant.

When Namihas failed to show up as subpoenaed, Warner asked Firmat to issue an arrest warrant. The judge signed the warrant but halted its execution until today, based on Meyer’s promise that Namihas would appear upon his return from the Dominican Republic.

Namihas was with a volunteer group from the Seventh-day Adventist Church that was building churches outside Santo Domingo. He was scheduled to return to Orange County on Tuesday evening.

Meyer said Namihas would have been available to testify today if Warner had felt that it was still necessary. And he said he and Namihas are “happy to cooperate in the ongoing inquiry” that alleges Namihas committed sexual and medical misdeeds with patients.

As part of that inquiry, the California Medical Board has already secured a court order barring Namihas from practicing medicine pending a full hearing. The board is trying to revoke his license permanently.