DISMISSAL/Nurse Accused of Felony Elder Abuse – Dismissed criminal charges filed by the California Attorney General’s Office, Bureau of Fraud and Elder Abuse, against a wound care treatment nurse accused of felony elder abuse, pursuant to Penal Code 368(b)(1), in a local Southern California nursing home.  Client was accused of causing great bodily harm and death and knowingly and willfully causing and permitting an elderly dependent adult from suffering unjustifiably physical pain and mental suffering.  Mr. Khachatourians dismissed the case in its entirety.  Mr. Khachatourians further had her employment and nursing license reinstated with no discipline.  

Dismissal before trial of elder abuse charges filed against a Certified Nursing Assistant in a California nursing home.  Criminal Charges were filed in San Bernardino Courthouse against a Certified Nursing Assistant by the California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse, for the following 3 counts: (1) Elder Abuse pursuant to Penal Code 368(c); (2) Battery on a Dependent Adult pursuant to Penal Code 243.25; and (3) Battery pursuant to Penal Code 242.  Mr. Khachatourians successfully dismissed all misdemeanor charges before trial.  No discipline by the CNA board.

Not guilty verdict obtained in a felony child abuse with great bodily injury in Los Angeles Superior  Court.  Mother was accused of burning her 2 year old son with a hot iron in multiple locations.  The defense was an accident arising from the mother ironing her clothes on the floor and the child tripping and rolling onto the iron causing multiple burn marks on the child’s body.  Mr. Khachatourians vigorously cross-examined the baby’s daddy, pediatrician, and the investigating officers.  Mr. Khachatourians also called a burn surgeon who provide expert testimony on the pattern of the burns that corroborated the defendant’s story.  Jury deliberated and reached a verdict in 13 minutes.  Mr. Khachatourians further assisted the attorneys in dependency court to allow reunification of the mother with her child.   

Wrongful death case arising out of a stabbing incident at a major hospital.  After acquittal of client in the criminal, settled civil case with no payment by client and nuisance value payment by co-defendants.

A Civil Restraining Order and Domestic Violence Restraining Order were simultaneously filed against client arising out of a boyfriend and girlfriend break-up. Client’s ex-boyfriend filed a Domestic Violence Restraining Order (DV-100 and DV110) and his new girlfriend filed a simultaneous Civil Harassment Restraining Order (CH100 and CH110) against client.  Mr. Khachatourians vigorously cross-examined the Petitioners and their witnesses in both cases.  Mr. Khachatourians showed that the Temporary Restraining Orders were obtained to harass client as well as prevent her from continuing to work for the same company.  After reviewing the moving papers, evidence brought forward during the hearing, and testimony, an  Orange County Judge and a Los Angeles County Judge both dissolved the Temporary Restraining Order and both denied the Request for a Permanent Restraining Order.  Moreover, the judge in the Los Angeles court AWARDED Mr. Khachatourians’ client her attorney’s fees.

Represented a child under the age of 15 accused of lewd and lascivious act upon a younger child pursuant to Penal Code 288(a).  Felony criminal charges were filed in Juvenile Delinquency court.   With immediate and appropriate intervention, prevented child from being sent to California Youth Authorities, Camp, or detention and prevented registration as a sex offender for the rest of his life. Case was dismissed after one year of informal probation and counseling and sealed all juvenile records and police reports pursuant to Welfare and Institutions Code Sections 389 and 781.    

Multimillion dollar lawsuit filed against clients arising out of criminal charges filed for arson, battery, and great bodily injury.  After dismissal of criminal case, Mr. Khachatourians lead the negotiations in the civil action to have the case dismissed with prejudice with a waiver of costs and no payment.

Successfully dismissed domestic violence counts in Beverly Hills Courthouse filed by the Los Angeles District Attorney’s Office where female client was accused by her boyfriend of willfully inflicting corporal injury to a cohabitant resulting in a traumatic condition (Penal Code 273.5); and maliciously removing, destroying, obstructing and severing the telephone line during a domestic violence incident (Penal Code 591).  Mr. Khachatourians and his investigative team presented the additional facts regarding the boyfriend’s acts of aggression  as well as the circumstantial evidence regarding the boyfriend’s size, weight, strength, and mental state in comparison to her to successful dismiss both charges.

Represented a client on drug probation who was arrested for  the following 5 counts:  1. Felony Domestic Violence – Penal Code 273.5; 2. Felony  Assault with a Deadly Weapon – Penal Code 245(a)(1);  3. Felony False Imprisonment – Penal Code 236; 4. Felony  Vandalism – Penal Code 594(a);and  5. Misdemeanor willful harm or endangering child – Penal Code 273a).  Client was looking at serious prison time when he decided to hire Mr. Khachatourians.  Client was actively participating in drug rehab and trying to stay clean when his baby’s mother accused him of hitting her, slashing her tires, and endangering the safety of their baby.  The defense position was that the Defendant was acting in defense of others (the baby).  Mother was going to take the baby to a meth house and Defendant was attempting to protect the child by running out the door with the child. Mr. Khachatourians actively investigated the case and was able to subpoena postings by mother on Facebook , Craigslist, and other social networking sites to show that mother was actively advertising for sexual services in exchange for drugs.  Mr. Khachatourians and his defense team set up a sting operation with police detectives in an attempt obtain an arrest of mother for burglary charges in another jurisdiction.  Mr. Khachatourians was able to provide additional facts to the District Attorney’s office to have the charges dismissed against his client and reinstate his client back on drug probation.

Successfully litigated a Quiet Title action requesting Declaratory Relief based on a scrivener’s error made by escrow who drafted and recorded a deed as Tenants in Common as oppose to Joint Tenancy with Right of Survivorship.  Client who refinanced her house and included her aging father on the loan to obtain a lower interest rate.  Escrow erroneously prepared a deed that indicated Tenants in Common as oppose to Joint Tenancy with right of survivorship.  Upon the death of her elderly father, her brother demanded an interest in the property as an heir to the property.  Successfully reformed the deed from Tenants in Common to Joint Tenancy as to allow client to 100% ownership of property.   

Represent a nursing home regarding a criminal investigation conducted by the Attorney General’s office arising from an A Citation and civil lawsuit that alleged elder abuse and neglect for a patient with pressure ulcers.  Provide representation as pool counsel for the multiple employees who were being investigated and successfully prevented criminal filing against the facility and its nursing staff.

6 counts of serious felony charges along with simultaneous civil lawsuit for $12,500,000. Mr. Khachatourians successfully settled criminal case with no jail or sex registration and the civil case for nominal damages for his client. Prevented client from any prison, jail time, or registration.

Licensed Vocational Nurse and Registered Nurse were charged with failing to notify the coroner after an accidental death pursuant to Health and Safety Code 102850. Vigorous cross-examination and steadfast defense investigation lead to dismissal of the case in its entirety.

Nurses charged with failing to report elder abuse in a nursing home pursuant to Welfare and Institutions Code 15630. Criminal charges dismissed completely with no discipline action by the nursing board.

Not guilty verdicts in a Medi-Cal fraud case filed against two CNAs.  The California Attorney General’s Office, Bureau of Fraud and Med-Cal Elder Abuse, conducted an investigation at a local nursing home regarding falsification of medical records and forgery with the intent to defraud Med-Cal.  The investigation was triggered from the facility’s annual re-certification survey that resulted in several counts being filed against two Restorative Nursing Assistants (also referred to as CNAs).  A total of seven counts were filed against the two RNAs alleging: 1) Falsifying a Medical Record, in particular the ADL Flow Sheet and Restorative Nursing Weekly Summary, in violation of Penal Code 471.5; 2) Forgery in violation of Penal Code 471; and 3) Resisting, Obstructing and Delaying a Special Agent from the Department of Justice in violation of Penal Code 148(a)(1).  Anthony Brooklier and Arthur Khachatourians represented the co-defendants showing that the documentation errors were trivial, innocent mistakes, and no motive or intent to falsify the medical records existed. Attorney Khachatourians vigorously cross-examined the state surveyor and witnesses to demonstrate to the jury that there was no falsification of records and the patient’s health drastically improved as a result of the care and services provided by the employees at the nursing home.  After the People rested, the Judge dismissed the counts with respect to Penal Code 148(a)(1). The remaining issues were left to the jury to decide. After six days of trial, a Los Angeles jury found both Defendants NOT GUILTY on all counts.

Dismissal of felony domestic violence charges against a medical doctor.  Represented a gynecologist/obstetrician arrested for felony domestic violence, pursuant to Penal Code 273.5, commonly referred to as inflicting traumatic injury to spouse.  A criminal investigation was simultaneously triggered by the Department of Social Services pursuant to Welfare & Institutions Code 300 investigating  any risk or danger or any emotional damage (severe anxiety, depression, aggressive behavior) toward the minor children.  Physician/client was also being investigated by the California Medical Board pursuant to Business and Professions Code 802.1 and 22236(a) as to whether his conduct was unbecoming of a physician and/or substantially related to the qualifications, functions, or duties of a physician and surgeon.  Mr. Khachatourians pre-filing efforts prevented any filing by the Los Angeles District Attorney’s Office and the City Attorney’s Office.  Mr. Khachatourians further was able to prevent a dependency court petition from being filed against his client by the Department of Social Services as well as preventing any disciplinary action by the Medical Board.  

DUI charges filed in Santa Clarita courthouse. Mr. Khachatourians subpoenaed the arresting officer at the DMV hearing and the eye witness who called the police. Mr. Khachatourians was able to show that the eye witness incorrectly identified the passenger as the driver and obtained a complete dismissal of the DMV and criminal action.

Prevent the Los Angeles Department of Transportation from revoking over 40 ambulance licenses for a major ambulance company in Los Angeles.

Prevented suspension of Medi-Cal Participation in light of misdemeanor charges filed by the California Attorney General’s Office, Bureau of Fraud and Elder Abuse against the Executive Director and Director of Operations for Failing to Report an Allegation of sexual abuse (CNA having sex with a patient). Successfully dismissed misdemeanor charges for Welfare Institutions Code Section 15630 against both clients and had the Department of Public Health reinstate their participation in the Medi-Cal Program.  Reduced case to an infraction with a $100 fine.

Successfully dismissed domestic violence counts in Beverly Hills Courthouse filed by the Los Angeles District Attorney’s Office where female client was accused by her boyfriend of willfully inflicting corporal injury to a cohabitant resulting in a traumatic condition (Penal Code 273.5); and maliciously removing, destroying, obstructing and severing the telephone line during a domestic violence incident (Penal Code 591).  Mr. Khachatourians and his investigative team presented the additional facts regarding the boyfriend’s acts of aggression  as well as the circumstantial evidence regarding the boyfriend’s size, weight, strength, and mental state in comparison to her to successful dismiss both charges.

Successfully represented employees of assisted living facility as pool counsel in a criminal investigation conducted by the Ventura Police Department and the California Department of Social Services, Licensing Division, regarding an allegation of rape and elder abuse pursuant to Penal Code 261 and Penal Code 368(b)(1). No criminal charges.

Represented a client charged with 3 counts of Felony Vehicular Manslaughter ,  pursuant to Penal Code 191.5(b), and DUI causing injury, pursuant to Penal Code 23153(a).  Los Angeles Times reported that that: “three people had gotten out of their cars on the freeway after getting into an accident. As they were exchanging information, another car plowed into them. Two men and woman were killed. Three other people suffered injuries.  The deadly crash blocked lanes created chaos on the freeway.  A CHP officer at the scene reported at 2:42 a.m. that motorists were making U-turns in the middle of the freeway to get to an exit.”  Prevented client from doing any prison time in light of 3 dead on 101 freeway. 

Not Guilty verdict in a felony voluntary and involuntary manslaughter case in Van Nuys Courthouse.  Janitor at a major hospital was arrested for murdering a transient by using a knife to inflict 11 stab wounds during an altercation.  His bail was set at one million dollars.  At his arraignment, charges were dropped to voluntary manslaughter and Mr. Khachatourians and Anthony Brooklier had the court reduce the bail to $50,000, allowing their client to make bail.  After a six day jury trial, the jury found the defendant not guilty.  A Los Angeles jury found the defendant acting in self-defense.  A subsequent wrongful death action was filed.  Mr. Khachatourians lead the negotiations and settlement of civil lawsuit for a de minimus amount less then nuisance value.

Successfully defended a client sued in a same sex Marvin lawsuit filed by his ex-boyfriend claiming an interest in his real property on an implied cohabitation agreement.  Plaintiff alleged in his complaint that he enhanced the real property and contributed to the expenses and upkeep which appreciated the value of the property.  Through vigorous discovery and pre-trial motions, Mr. Khachatourians dismissed the case with prejudice and obtained terminating sanctions against Plaintiff.   No recovery was made by Plaintiff whatsoever.

Successfully Litigated Adversary proceedings in U.S. Bankruptcy Court, Central District, pursuant to 11 U.S.C.S section 523(a)(2) action for Fraud committed by the discharging debtor who misappropriated  patients funds and share of cost.  Obtained non-dischargeable judgement in favor of the nursing home.  

A Civil Restraining Order and Domestic Violence Restraining Order were simultaneously filed against client arising out of a boyfriend and girlfriend break-up. Client’s ex-boyfriend filed a Domestic Violence Restraining Order (DV-100 and DV110) and his new girlfriend filed a simultaneous Civil Harassment Restraining Order (CH100 and CH110) against client.  Mr. Khachatourians vigorously cross-examined the Petitioners and their witnesses in both cases.  Mr. Khachatourians showed that the Temporary Restraining Orders were obtained to harass client as well as prevent her from continuing to work for the same company.  After reviewing the moving papers, evidence brought forward during the hearing, and testimony, an  Orange County Judge and a Los Angeles County Judge both dissolved the Temporary Restraining Order and both denied the Request for a Permanent Restraining Order.  Moreover, the judge in the Los Angeles court AWARDED Mr. Khachatourians’ client her attorney’s fees.

Wife falsely accused husband of spousal rape and filed for a restraining order to obtained permanent child custody. Mr. Khachatourians vigorsouly cross-examined the wife and her alleged witnesses and showed the allegations were false and that wife had a “hidden agenda.” District Attorney rejected criminal case.