What is the test for reducing the amount of restitution at a personal injury restitution hearing?

California, United States of America


The following excerpt is from People v. Nichols, 213 Cal.Rptr.3d 524, 8 Cal.App.5th 330 (Cal. App. 2017):

Prior to the restitution hearing, the defense argued that the amount of restitution should be reduced under the comparative negligence doctrine pursuant to People v. Millard (2009) 175 Cal.App.4th 7, 95 Cal.Rptr.3d 751 (Millard ). The trial court identified the issues here as whether the comparative negligence doctrine applied in Millard is applicable when a deceased victim's family is seeking restitution rather than the victim, and whether factually, the victim's negligence was a "substantial factor" in causing the economic loss.

Other Questions


Can a defendant challenge the amount of restitution ordered by a judge in a personal injury case where the recipient's injuries were caused by suicide? (California, United States of America)
How have the courts dealt with the issue of personal injury in a personal injury case? (California, United States of America)
What are some examples of high-profile personal injury cases involving personal injury? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
What is the test for calculating the appropriate amount of restitution in a personal injury case? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
What is the difference between personal observation of an injury and hearing of the tragedy from another person? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
What is the test for making a motion for personal injury representation in a personal injury case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.