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Name: In re Brittany L.
Case #: B154167
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 07/10/2002
Subsequent History: Unpublished to published 7/10/02.
Summary

The juvenile damaged the victim’s house by throwing eggs at it. It cost $3,500 to clean and repaint the house exterior. The victim’s insurance covered all but a $500 deductible of this amount. The victim also sought $3,800 in costs to resurface the driveway when powerwashing did not remove the egg stains from the driveway, but the court refused to award this cost because the victim had not filed a claim for it with his insurer. Under Welfare and Institutions Code section 730.6, the victim was entitled to restitution which would fully reimburse him without regard to reimbursement from the insurer. The court erred in taking into account the amount either paid for by insurance or the failure to file a claim. The court also erred in refusing to allow appellant to present evidence challenging the necessity and reasonable expense of resurfacing the driveway.