What factors will the court consider when determining the ability of a defendant to pay a claim?

California, United States of America


The following excerpt is from People v. Adkisson, A156397 (Cal. App. 2020):

4. In determining a defendant's ability to pay, the court may consider earning capacity. (People v. Staley (1992) 10 Cal.App.4th 782, 785 ["Ability to pay does not necessarily require existing employment or cash on hand."].)

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