How have counsel in a personal injury action been successful in appealing against a restitution order?

have failed. (People v. Constancio (1974) 42 Cal.App.3d 533, 546 ["It is not incumbent upon trial counsel to advance meritless arguments or to undertake useless procedural challenges merely to create a record impregnable to assault for claimed inadequacy of counsel"].)

As to failing to object to the amount of restitution and the period it covered, we find no ineffective assistance of counsel. It is likely that any objection would have been futile, either due to the trial court's broad discretion in setting the amount of restitution (People v. Tucker (1995) 37 Cal.App.4th 1, 6) or the People's ability, if challenged, to present sufficient evidence to sustain the restitution order.

Where the record fails to show reasons why the attorney acted or failed to act, the claim must be rejected on appeal unless the attorney was asked for an answer and failed to give one, or unless there could be no satisfactory explanation. (People v. Cunningham (2001) 25 Cal.4th 926, 1003.) This case does not fall within that narrow exception.