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Name: In re K.F.
Case #: H032977
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/29/2009

In a juvenile court case, evidence that the victim “incurred” a loss such that he or she will become liable or subject to costs resulting from the juvenile’s conduct, justifies the imposition of a condition of probation ordering restitution for the specified cost. The juvenile court sustained a petition for assault likely to produce great bodily injury and an enhancement for personal infliction of great bodily injury (Pen. Code, sec. 12022.7, subd. (a)), the injury being a broken finger. The court placed the minor on probation with a condition requiring him to make restitution in a specified amount. At the restitution hearing, evidence was received from the victim consisting of two documents setting forth medical expenses. One of the documents was a letter from Healthcare Recoveries, acting for Kaiser Hospital, which listed the medical services provided to the victim and the costs, with a total balance due. The second document listed an explanation of benefits, but specifically stated, “This is not a bill.” Despite Kaiser’s status as a health maintenance organization that provides medical services to its members with no creditor-debtor relationship to its patients, it was uncontested that the first document on its face indicated that the victim was “billed” for the service. Being billed for the service, the victim “incurred” a loss for which the restitution order was authorized. (Welf. & Inst. Code, sec. 730.6, subd. (h).) Because the second document did not reflect a billing, there was insufficient proof that the victim “incurred” a loss and the amount was stricken. The court also upheld the trial court’s order for restitution for the victim’s use of his sick leave as the depletion represented a loss – the credits would be consumed and not available to cover future illnesses or other beneficial purpose that might be allowed.