What is the test for damages under section 496(c) of the California Penal Code when a defendant buys property that has been stolen and uses it as a vehicle for personal use?

California, United States of America

The following excerpt is from L.A.C.C., Inc. v. Moore, G054980 (Cal. App. 2018):

Section 496, subdivision (a) makes receiving or buying property "that has been obtained in any manner constituting theft" a criminal offense punishable by imprisonment. Section 496(c) provides that any person "who has been injured by a violation of [section 496, subdivision (a)] may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees." Section 496, subdivision (a) does not refer to punitive damages. The statute was enacted to deter criminal behavior and to dry up the market for stolen goods. (Bell v. Feibush (2013) 212 Cal.App.4th 1041, 1046-1047.)

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What is the test for damages under section 496(c) of the California Penal Code when a defendant buys property that has been stolen and uses it as a vehicle for personal use?

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