What is the impact of the way the trial court calculated loss of support awards in a personal injury case?

California, United States of America


The following excerpt is from People v. Sepulveda, B261627 (Cal. App. 2017):

"no . . . informed calculations of [Virginia's] personal expenses," and that, in any event, the restitution awards should have been keyed to Virginia's net (post-tax) income, rather than her gross (pre-tax) income. In other words, defendants suggest we should reverse the restitution awards if any aspect of the trial court's methodology was incorrect or imprecise. Under People v. Giordano, supra, 42 Cal.4th 644, however, a restitution award may be reversed only if the defendant demonstrates that the award, considered as a whole, exceeds the victims' loss of support. Our inquiry, therefore, is necessarily of the total amount of the awards, rather than of the manner in which they were computed.

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