Is ineffective assistance the basis for a motion to overturn a full judgment against a Defendant in a personal injury case?

was a factual basis for the trial court's discretion, supported by substantial evidence and not resting on a demonstrable error of law. (People v. Millard, supra, 175 Cal.App.4th at p. 26.) The trial court ordered the full amount of the hospital bill based upon an erroneous measure of compensation and with insufficient admissible evidence to properly determine how much the medical providers accepted as payment in full or whether the victim remains liable for any part of that amount. We thus conclude the order must be vacated and a new restitution hearing must be held.

Defendant contends that the restitution order must be reversed and the matter remanded for a new restitution hearing on the ground that his counsel rendered ineffective assistance, resulting in an erroneous order. As we have already determined that the order must be reversed, we need not reach this contention. (C.f. People v. Reyes (1997) 52 Cal.App.4th 975, 986 & fn. 8 [reversal of judgment moots ineffective assistance claim].)