Vigilant Ins. Co. v. Chiu

Full title: VIGILANT INSURANCE COMPANY, Plaintiff and Respondent, v. ROBERT C. CHIU et…

Court: California Court of Appeals, Second District, Third Division

Date published: Jul 17, 2009

No. B209550 (Cal. Ct. App. Jul. 17, 2009)

Opinion

VIGILANT INSURANCE COMPANY, Plaintiff and Respondent, v. ROBERT C. CHIU et al., Defendant and Appellant. B209550 California Court of Appeal, Second District, Third Division July 17, 2009

Los Angeles County Super. Ct. No. KC048092

ORDER MODIFYING OPINION [No Change in Judgment]

THE COURT:

It is ordered that the opinion filed herein on June 29, 2009, be modified as follows:

1. Page 8, please delete lines 3-8 (whole paragraph) and replace with the following:

A restitution order reimburses only for economic losses (Pen. Code, § 1202.4, subd. (f)(3)), not noneconomic losses, which can be recoverable in a civil judgment. A restitution order designed to make a victim whole is not a substitute for civil damages, and we reject Robert’s argument to the contrary.

[No change in judgment.]