In re Tommy A., D045115.

• Court: California Court of Appeals
• Citation: 131 Cal.App.4th 1580,33 Cal.Rptr.3d 103
• Decision Date: 25 July 2005
• Docket Number: No. D045115.,D045115.
• Parties: In re TOMMY A., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Tommy A., Defendant and Appellant.

33 Cal.Rptr.3d 103 131 Cal.App.4th 1580 In re TOMMY A., a Person Coming Under the Juvenile Court Law.
The People, Plaintiff and Respondent,
v.
Tommy A., Defendant and Appellant. No. D045115. Court of Appeal, Fourth District, Division One. July 25, 2005.

Jackie Menaster, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant.

[33 Cal.Rptr.3d 104]

Bill Lockyear, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Daniel Rogers, Deputy Attorney General, for Plaintiff and Respondent.

NARES, J.

131 Cal.App.4th 1582

This case, which involves restitution for a victim of criminal conduct by a juvenile delinquent, arose in May 2003 when then-16-year-old Tommy A., while driving a car belonging to Maribel Cardenas, one of his mother's friends, without a driver's license or permission, accidentally rear-ended the victim's car and fled the scene. Cardenas's insurance carrier fully paid the victim under a settlement agreement for her economic losses, which totaled $5,126.76. The victim signed a release of liability that expressly released Tommy of liability for "all claims, demands and causes of action" the victim might have against him for the recovery of "damages" for "injuries, losses and damages of whatever nature" that she had sustained as a result of the car accident.

131 Cal.App.4th 1583

Thereafter, in a juvenile delinquency proceeding, Tommy admitted a charge of misdemeanor hit and run resulting in property damage. (Veh.Code, § 20002, subd. (a).) The juvenile court placed Tommy on probation. (Welf. & Inst.Code, § 602.) As a condition of probation, the court ordered him to pay victim restitution in the amount of $5,126.76 under Welfare and Institutions Code¹ section 730.6, subdivision (a)(1) (section 730.6(a)(1)), which provides that a victim who has suffered "any economic loss" as a result of a juvenile delinquent's criminal conduct "shall receive restitution directly from that minor." (Italics added.)

Tommy appeals, contending the victim restitution order should be reversed because (1) the settlement payment by Cardenas's insurer to the victim, which fully compensated her for her economic losses, was made on Tommy's behalf; (2) the release of liability signed by the victim fulfilled any requirement that Tommy pay restitution; and thus (3) restitution was barred as the insurer's payment to the victim fully offset Tommy's direct victim restitution obligation.

For reasons we shall discuss, we decide in our central holding that because the settlement payment by Cardenas's insurer to the victim is a payment from a source that is completely distinct and independent from Tommy, it does not constitute "restitution directly from" Tommy within the meaning of section 730.6(a)(1), and thus does not relieve him of his victim restitution obligation under that statute. Accordingly, we affirm the restitution order.

FACTUAL BACKGROUND

In late May 2003, Tommy, an unlicensed minor then 16 years of age, took a car belonging to his mother's friend, Cardenas, without her permission. As he was driving to visit his girlfriend, he rear-ended a car being driven by Sara Hennessy (Hennessy or the victim). Hennessy exited her car, approached the window of the car Tommy was driving and told him she would contact the police.

Tommy was scared and fled the scene because he did not want to get into trouble for driving Cardenas's car without a license and her permission. Hennessy suffered injuries to her neck, back, shoulders, forearms and knees as a result of the accident. After Tommy fled the scene,

33 Cal.Rptr.3d 105

Hennessy went to the Chula Vista Police Department and reported the hit-and-run collision. She also received medical care for her injuries.

131 Cal.App.4th 1584

The police department sent out a warning letter to Cardenas, the registered owner of the car that rear-ended Hennessy's car. Cardenas responded to the police quickly and cooperatively. She informed the police that she had not been involved in the accident and that she thought Tommy had been driving her car based on the description of the suspect that Hennessy gave. During questioning, Tommy admitted he took Cardenas's car without her permission, rear-ended another car, and fled the scene.

As a result of the accident, Hennessy's economic losses consisted of medical bills in the amount of $5,126.76. In settlement of Hennessy's tort claims in this matter, Cardenas's insurance carrier paid Hennessy the sum of $8,500, which indemnified her for all of her economic losses. In late July 2004, Hennessy signed a release of liability that expressly released both Tommy and Cardenas of liability for Hennessy's "claims, demands and causes of action" against them for the recovery of "damages" for "injuries, losses and damages of whatever nature" that she had sustained as a result of the collision.

PROCEDURAL BACKGROUND

According to his probation officer's social study in this case, Tommy's delinquency began in April of 2002 when he was involved in a fight. Tommy knocked the victim to the ground, continued to hit him, and kicked him in the face. The victim, whose two bottom front teeth were knocked out and who suffered other facial injuries, was taken to the emergency room. Tommy was granted deferred entry of judgment, put on probation, and ordered to pay victim restitution in the amount of $6,227 and have no association with any gang members.

Tommy was involved in another violent altercation in December of 2002. According to police reports, Tommy robbed the victim of his backpack and hit him in the face and the back of the head. For this offense, Tommy was declared a ward of the juvenile court and was ordered to attend assaultive behavior classes and counseling. In March of 2003, Tommy successfully completed his probation.

In the instant case, which arose only two months later in May 2003, the San Diego County District Attorney charged Tommy in a juvenile delinquency petition with misdemeanor hit and run resulting in injury to another (count 1, Veh.Code, § 20001, subd. (a)) and driving without a license (count 2, Veh.Code, § 12500, subd. (a)).

131 Cal.App.4th 1585

As part of a plea bargain, Tommy admitted the lesser included offense in count 1 of misdemeanor hit and run resulting in property damage only (Veh.Code, § 20002 subdivision (a)). The juvenile court sustained the petition as to the lesser included offense and dismissed the remaining petition allegations.

At the June 2004 disposition hearing, the juvenile court declared Tommy a ward; granted him probation and committed him to the care, custody and control of the probation officer; and placed him with his mother. As a condition of probation, the juvenile court ordered Tommy to pay restitution in an amount to be determined by further order of the court.

At a restitution status review hearing in July 2004, the probation officer submitted a memorandum stating that the victim was requesting restitution in the amount of $5,126.76 for her medical expenses, plus $15,380.28 for pain and suffering. As the parties were unable to reach an agreement as to the appropriate restitution amount,

33 Cal.Rptr.3d 106

the court set the matter for an evidentiary hearing to be held on a specified date in August 2004. Before that hearing was held, Hennessy entered into a settlement agreement, accepted the $8,500 payment from Cardenas's insurer, and signed the release of liability that is the subject of this appeal.

A. Evidentiary Hearing and Restitution Order

At the August 2004 evidentiary hearing, the court considered points and authorities submitted by the People and heard the parties' oral arguments regarding Tommy's restitution obligation. The court indicated that one of the issues to be addressed was the effect of Cardenas's insurer's $8,500 settlement payment to Hennessy on Tommy's restitution obligation.

The People argued that Tommy should pay victim restitution in the amount of $5,126.76 for the medical expenses that Hennessy incurred as a result of the accident, notwithstanding Hennessy's insurance settlement, because (1) restitution would serve to rehabilitate Tommy by helping him to understand the impact of his crimes; (2) a release of liability by the victim cannot waive the People's right to have the minor pay restitution as part of his disposition; and (3) the $8,500 payment by Cardenas's insurance company should not offset the minor's restitution obligation because Tommy did not procure the insurance policy and he should not benefit from the fortuitous event that Cardenas's policy covered Tommy's illegal acts.

131 Cal.App.4th 1586

The defense claimed that victim restitution is supposed to be rehabilitative, not punitive in nature, and an order requiring Tommy to pay victim restitution in the amount of $5,126.76 would result in a windfall for Hennessy because she had received an insurance payment in the amount of $8,500 and thus had been fully compensated for her damages. Tommy's counsel expressed concern about the possibility that Cardenas's insurance company might seek reimbursement from Tommy and his mother for the amount it paid to Hennessy.

After taking the matter under submission, the juvenile court issued a minute order (the restitution order) requiring Tommy to pay victim restitution to Hennessy in the amount of $5,126.76 "subject to modification during the term of probation." The court found that (1) the settlement payment by Cardenas's insurance company covered Hennessy's economic losses; (2) the People were not a party to the settlement or the release of liability; (3) the insurance carrier that paid the settlement was the insurance carrier for the owner of the car that Tommy drove (Cardenas), not an insurer for Tommy, Tommy's mother, or anyone legally responsible for him; (4) Tommy did not pay any portion of the insurance premiums; (5) the insurance settlement did not offset Tommy's obligation to...