What is the burden of proving that the amount of damages sought by appellant was excessive?

California, United States of America


The following excerpt is from People v. A.F. (In re A.F.), 2d Juv. No. B279547 (Cal. App. 2017):

Once the prosecution presented prima facie evidence of the French Hospital billing, the burden shifted to appellant to prove that the amount of restitution sought was excessive. (People v. Sy, supra, 223 Cal.App.4th at p. 63; People v. Hartley (1984) 163 Cal.App.3d 126, 130.) Appellant did not attempt to meet this burden. As the People point out, defense counsel unsuccessfully tried to continue the restitution hearing because he did not have billing records from the two hospitals. When the juvenile court asked whether counsel had subpoenaed the records, he admitted that he had not, even though he had known of the contested hearing for more than a year.

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