What is the test for determining the value of a property that was damaged in a motor vehicle accident?
California, United States of America
The following excerpt is from People v. Zuniga, B276226 (Cal. App. 2017):
An owner's testimony may establish the value of damaged property (Evid. Code, 813, subd. (a)) and statements by the victims of the crimes about the value of the property constitute "'"prima facie evidence of value for purposes of restitution." [Citations.]'" (People v. Prosser (2007) 157 Cal.App.4th 682, 690-691.) We review the trial court's order for an abuse of discretion and reverse only if the trial court's order is arbitrary or capricious. (People v. Gemelli (2008) 161 Cal.App.4th 1539, 1542.)
The restitution award in this case was based on the property owner's testimony and was calculated using a rational method designed to make the victim whole. (See generally People v. Stanley (2012) 54 Cal.4th 734, 738-739 [awarding restitution in
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