What is the legal test for determining whether direct restitution is appropriate in a civil case?

For the same reasons, the court's determination may be established by a preponderance of the evidence. The higher standard of proof applies to facts that increase a crime's penalty beyond what a judge could impose based on the applicable statute and the facts in the record. (Blakely v. Washington (2004) 542 U.S. 296, 301 [159 L.Ed.2d 403, 412] (Blakely).) Since direct restitution is not a criminal penalty and is not subject to a statutory maximum amount, it is not subject to a jury trial and may be imposed based on the preponderance of the evidence.