What is the test for making a restitution order in a personal injury case?

California, United States of America


The following excerpt is from People v. Hernandez, A137500 (Cal. App. 2014):

"Generally speaking, restitution awards are vested in the trial court's discretion and will be disturbed on appeal only when the appellant has shown an abuse of discretion. [Citation.] . . . ' "While it is not required to make an order in keeping with the exact amount of loss, the trial court must use a rational method that could reasonably be said to make the victim whole, and may not make an order which is arbitrary or capricious." ' [Citation.] ' "When there is a factual and rational basis for the amount of restitution ordered by the trial court, no abuse of discretion will be found by the reviewing court." ' [Citation.]." (People v. Holmberg (2011) 195 Cal.App.4th 1310, 1320.)

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