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

California, United States of America


The following excerpt is from People v. BEAVER, 111 Cal.Rptr.3d 726, 186 Cal.App.4th 107 (Cal. App. 2010):

[33] [34] [35] [36] [T]he trial court is vested with broad discretion in setting the amount of restitution; it may use any rational method of fixing the amount of restitution which is reasonably calculated to make the victim whole.... ( People v. Tucker (1995) 37 Cal.App.4th 1, 6, 44 Cal.Rptr.2d 1.) Thus, while the amount of restitution cannot be arbitrary or capricious, [t]here is no requirement the restitution order be limited to the exact amount of the loss in which the defendant is actually found culpable, nor is there any requirement

[111 Cal.Rptr.3d 745]

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