What is the test for determining whether a judge in a personal injury action has been abused or abused in the context of restitution?
California, United States of America
The following excerpt is from People v. Williams, C086000 (Cal. App. 2018):
fails to 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. [Citations.]" (People v. Thygesen (1999) 69 Cal.App.4th 988, 992.) " 'When there is a factual and rational basis for the amount of restitution ordered by the trial court, no abuse of discretion will be found by the reviewing court.' [Citations.]" (People v. Mearns (2002) 97 Cal.App.4th 493, 499.)
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