People v. Kalloghlian CA2/6

Filed 9/16/25 P. v. Kalloghlian CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B338728 (Super. Ct. No. Plaintiff and Appellant, LA099566) (Los Angeles County) v.

DANNY-GEORGE KALLOGHLIAN,

Defendant and Respondent.

Following a preliminary hearing, Danny-George Kalloghlian was held to answer on one felony count of assault with a firearm (Pen. Code, § 245, subd. (a)(2)).1 He filed a section 995 motion to set aside the information based on insufficient evidence of the required element of “present ability” to apply force, arguing the firearm was unloaded. The trial court granted the motion and dismissed the case. The People appeal. As we shall explain, sufficient evidence was presented at the preliminary hearing to support the magistrate’s

1 All further statutory references are to the Penal Code.

determination to hold Kalloghlian to answer. Accordingly, we reverse the trial court’s order granting the section 995 motion and remand for further proceedings. Facts and Procedural Background In January 2022, Los Angeles Police Department Officers Sean Opteyndt and Esteban Martinez responded to a call regarding a man brandishing a firearm, driving a black Mercedes SUV. The officers conducted a high-risk traffic stop of the vehicle. Kalloghlian was the driver. When Officer Martinez searched the vehicle, he found a black “Glock” firearm in the glove compartment and a magazine with nine rounds inside it located in the center console. There was no lock on the glove compartment, which could be opened by pulling a lever. The officers contacted Robert A., the victim, who stated that he had been driving his car when he was cut off by another vehicle. He pulled up next to the vehicle and said to the driver, “Slow the fuck down. You have a dog and there’s children around.’” The driver responded, “‘You calm the fuck down. Do you want to die?’” The driver retrieved a firearm from inside his vehicle and pointed it at the victim. The victim, in fear, slowed down, drove behind the vehicle, and called the police. The victim later identified Kalloghlian as the person who pointed a gun at him. In July 2023, Kalloghlian was charged by felony complaint with the crime of assault with a firearm (§ 245, subd. (a)(2), count 1).2