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New Judge For Landmark Case Not Yet Assigned. Case Will Stall As The Honorable Thomas Goethals Moves To His Bench At Fourth District Court Of Appeal.
By Lonce Lamonte - January 14, 2018

The Honorable Thomas Goethals finally took to the bench at ten minutes before 10 AM on Friday, January 12th 2018 in Orange County Superior Court.  He looked youthful with his medium brown hair at age 65.  Handsome.   But the Landmark Medical workers’ compensation fraud case still did not get heard right off the bat because there was another case in front of it.  It was a murder case with a young male defendant.

But about 20 minutes later Judge Goethals finally called Landmark.  Prosecutor Shaddi Kamiabipour stepped forward to the prosecution side of the table in a greenish-grey jacket and black pants.  Her hair was nicely styled with weaves of brown, curled, and full to above her shoulders.  She wore an orange tear drop shaped stone on a chain as a necklace. 

Benjamin Gluck and his associate, Nicole Van Dyk, both in striking and seemingly matching dark blue suits, moved in to the defense side of the table.  Judge Goethals began.

Judge Goethals:  I’m going to say something.  Good news and bad news.  I have not read all the pleadings.  The case is going to be reassigned.  A decision has not been made.  I am cautiously hoping this case can be reassigned by the next date. 

Goethals came up with the date of February 26, 2018. 

Judge Goethals:  I am just not going to be here long enough.  Gluck is clicking his heels. 

Benjamin Gluck:   I have to disagree.  The three years or so we’ve all been here, I think the court can keep this.  I won’t show power points.  I’ll be good.  It’s happened that elevated judges (keep cases)…

Apparently, it happens that judges who get assigned to other courts can split their time and be in two places temporarily while finishing up their case load from the court they are leaving.  The joke about Gluck clicking his heels must come from all the demurrers Gluck filed and that Judge Goethals denied.  But Gluck won on a writ of mandate on one of the demurrers with a ruling dated March 10th 2016 that virtually blew up the case.  That’s the ruling that wiped out all but four counts in the Indictment, which then motivated the prosecutor to drop three of them, and then one count in the Indictment remained, which is a count against former vice president of Landmark, Bruce Curnick.  All the counts that were dismissed got refiled in complaints. 

Judge Goethals:  It’s just not going to happen.  I’ve already spoken to the people (at the appeals court).  Three more weeks for the trial I’m in. The case is going to have to be assigned to someone else.  It’s just not practically possible. 

Even if you could be good, Mr. Gluck, which I doubt, it’s not practical. 

I think it has not been determined whether my case load will be broken up.  I have a lot of cases which are kind of complicated. 

Shaddi Kamiabipour:  I was just curious to know.

It’s important to Shaddi to know to which judge this case will be assigned.   She has concerns.

The defense wants the nine complaints plus the Bruce Curnick-only Indictment joined together.  Judge Goethals went with that idea, from what he expressed as beneficial from the standpoint of judicial economy. 

Judge Goethals:  I will be giving my recommendation.

Benjamin Gluck:  It would kind of have to stay together.  We would be in front of different judges arguing the same issue. 

Shaddi:  I’ve had this flu from hell.  I would like to file a written response.  Is it possible for us to come back in a couple of weeks? 

The dates decided upon became February 9th and then February 26th.

Goethals:  Yes, that’s a month.   I am about to wish you all well. 

But before Goethals was able to sign off, defense attorney Jeffrey Isaacs interjected for his client, Evette Charbonnay, so she could waive time before her Preliminary Hearing.  She had not been in court because of medical issues pertaining to her pregnancy, and Judge Goethals acknowledged he had excused her a few times and then he read her rights she would be giving up by waiving time.  That got done. 

Evette Charbonnay, Landmark’s former marketing manager, is charged with conspiracy to commit a crime and insurance fraud.

Other defendants then waived time:  Dr. Michael Rudolf, David Evans, D.C., Dr. Arselan Pourtneymour, and Faramarz Khalili.

This case is about an excess of 150 million dollars in workers’ compensation fraud.  Kareem Ahmed’s favorite scam was the prescribing of compound pain creams to workers’ compensation patients before SB 863 plugged the loop hole that previously didn’t demand any limit on charges for compounds.  He paid kick-backs to doctors and chiropractors, now his co-defendants, for prescribing the creams.

Until the complaint was filed against Kareem Ahmed on May 20th2016, he was still trying to collect on liens filed with the WCAB without divulging he had paid kick-backs to physicians.  And this was in spite of a court order issued by a WCAB judge demanding to know the particulars of the prescriptions.

Upon the close of the proceedings, Judge Goethals let the lawyers know that the next proceedings may not be in his court room.   Thus, the pleadings will likely sit and wait for a new judge.  This naturally means a delay in this case.

On December 22, 2017, Governor Brown appointed Thomas Goethals to the Fourth District Court of Appeal.   Goethals has served as a judge at the Orange County Superior Court since 2003.  He was a partner at Pohlson, Moorhead and Goethals from 1990 to 2002. He served as a deputy district attorney at the Orange County District Attorney’s Office from 1985 to 1990 and from 1978 to 1984.  He was an associate at Robinson and Robinson in 1984.

Goethals earned his Juris Doctorate degree from Loyola Law School, Los Angeles, and a Bachelor of Arts degree from Santa Clara University.  He fills the vacancy created by the retirement of Justice William F. Rylaarsdam. 

lonce@adjustercom.com; Lonce Lamonte, journalist; copyright Lonce Lamonte and adjustercom; all rights reserved 

 
 

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