What is the test for determining restitution in a civil case where a defendant has been convicted on some criminal charges but has not been sentenced to jail?

The court's authority to award restitution is not unlimited. The restitution "shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct." ( 1202.4, subd. (f)(3), italics added.) Where judgment is imposed and the defendant is sentenced to incarceration, the court may order restitution only for losses arising out of the criminal conduct for which the defendant was convicted. (People v. Foalima (2015) 239 Cal.App.4th 1376, 1395.) Although the criminal conduct may include conduct for which defendant was convicted on some counts and acquitted on others (id. at p. 1396), courts have not held criminal conduct for purposes of restitution includes conduct against which no criminal charges were brought. Such a holding would likely violate the constitutional provision that authorizes restitution for losses caused by "persons convicted of the crimes causing the losses they suffer." (Cal. Const., art. I, 28, subd. (b)(13)(A).)