Error and/or relief
The juvenile court erred by holding the minor jointly and severally liable for victim restitution.
First Holding:
Restitution orders are subject to review on appeal for an abuse of discretion. The ‘court abuses its discretion when it acts contrary to law.
Authority:
In re Travis J. (2013) 222 Cal.App.4th 187, 202
Second Holding:
Welfare and Institutions Code section 730.6 governs restitution in cases where a minor is adjudicated a ward of the court pursuant to section 602. Under this statute, a victim of conduct for which a minor is found to be a person described in section 602 who incurs an economic loss as a result of the minor’s conduct shall receive restitution directly from that minor.
For the purposes of victim restitution, each minor shall be held severally liable, and shall not be held jointly and severally liable as co-offenders. The court shall apportion liability based on each minor’s percentage of responsibility or fault for all economic losses included in the order of restitution. The aggregate amount of apportioned liability for all minors involved shall not exceed 100 percent in total.
Authority:
WIC 730.6
WIC 602
In re M.W. (2008) 169 Cal.App.4th 1, 4
Third Holding:
The error has not been waived, as the failure to object to a restitution order that exceeds the court’s statutory authority does not waive the claim of error.
Authority:
In re Paul R. (1996) 42 Cal.App.4th 1582, 1590