California Court of Appeal

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Luis M. v. Superior Court of Los Angeles County, B238460

A juvenile defendant's petition for a writ of mandate, challenging a superior court order requiring him to pay restitution to the city and to conduct a hearing to determine the actual amount of economic loss caused by his vandalism, is granted where: 1) the juvenile court abused its discretion in including law enforcement investigatory costs in the restitution order because the sheriff's department is not a direct victim of defendant's vandalism, and law enforcement costs for investigation of graffiti vandalism are not recoverable as restitution; and 2) the city's restitution model cannot provide the basis for calculating a restitution award, in that it includes sums which are not economic losses by the direct victim of defendant's graffiti vandalism, and the sums included for cleanup do not reflect the actual cost of the graffiti cleanup.

Appellate Information

  • Decided 10/31/2012
  • Published 10/31/2012

Judges

  • Jackson

Court

  • California Court of Appeal

Counsel

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