What is the test for determining the amount of restitution ordered by a judge in a personal injury case?

California, United States of America


The following excerpt is from The People v. Hove, 76 Cal.App.4th 1266, 91 Cal.Rptr.2d 128 (Cal. App. 1999):

Defendant contends that the restitution order is not supported by substantial evidence and that the trial court's calculation is "arbitrary, capricious and totally lacking an evidentiary foundation." He relies on People v. Ortiz, supra, 53 Cal.App.4th 791, which states: "We interpret the requirement the amount of loss be 'determined' by the court to mean the court must decide the amount of the loss on grounds which will withstand review for abuse of discretion. We base our interpretation of the statute on the well-established rule '. . . the trial court is vested with broad discretion in setting the amount of restitution [and] it may "'use any rational method of fixing the amount of restitution which is reasonably calculated to make the victim whole.'" . . .' [Citation.]" (Id., at p. 800.)

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