What is the test for determining restitution in a personal injury action?

This right is implemented by section 1202.4. (People v. Semaan (2007) 42 Cal.4th 79, 86.) Subdivision (f) of that section requires restitution in "a dollar amount that is sufficient to fully reimburse the victim or victims for every economic loss incurred as the result of the defendant's criminal conduct . . . ." ( 1202.4, subd. (f)(3).) That amount includes "[w]ages or profits lost by the victim." ( 1202.4, subd. (f)(3)(E).)

Defendant argues the court erred in awarding restitution in these amounts because they represent the retail value of the jewelry stolen, not the replacement value of the jewelry. According to defendant, the court was required to set the restitution amount as the replacement cost of the property, citing section 1202.4, subdivision (f)(3)(A). That section provides in part "[t]he value of stolen or damaged property shall be the replacement cost of like property. . . ." ( 1202.4, subd. (f)(3)(A).) However, it must be remembered the overriding goal of the restitution requirement is to make the victim whole. (People v. Thygesen (1999) 69 Cal.App.4th 988, 994.) Thus, the purpose of subdivision (f)(3)(A) of section 1202.4 was to make sure the victim is made whole by assuring the victim can replace the item stolen or damaged.

Page 13