What is the test for abuse of discretion in a personal injury case?
California, United States of America
The following excerpt is from People v. Pena, B211866, No. BA336131 (Cal. App. 2010):
We review the trial court's restitution order for abuse of discretion. So long as the trial court chose a method for calculating the amount of restitution that is rationally designed to determine the victim's economic loss, and the amount does not fall "'"outside the bounds of reason" under the applicable law and the relevant facts, '" the court's determination will be upheld. (People v. Giordano (2007) 42 Cal.4th 644, 663-664.)
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