California, United States of America
The following excerpt is from The People v. Rios, H034481, No. F00786, No. F00788, No. F00790 (Cal. App. 2010):
Thus, "[w]hile the court need not order restitution in the precise amount of loss, it '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.' " (People v. Chappelone (2010) 183 Cal.App.4th 1159, 1172; see also People v. Ortiz (1997) 53 Cal.App.4th 791, 800 [while the amount of restitution cannot be arbitrary or capricious, there 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 the order reflect the amount of damages that might be recoverable in a civil action].)
Finally, we note that "[i]f there is no substantial evidence to support the award, and assuming no other rational explanation, the trial court will have obviously abused its discretion." (People v. Thygesen (1999) 69 Cal.App.4th 988, 993 (Thygesen))
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