[Boosted_8]

Originally Posted by josec70

Here is what I believe …

You can have wealth and money and raise good kids that place God above any privilege derived from money.

The problem is not money, it is an absence of God.

WWJD

I agree with your statements.

I guess as a follow-on, how do those who have a moral code effectively cope when they are wronged by someone who is immune to the law of man due to position, privilege or means?

We are are navigating a world full of people that hold themselves to the lowest standard they can get away with.

[josec70]

Originally Posted by Boosted_8

I agree with your statements.

I guess as a follow-on, how do those who have a moral code effectively cope when they are wronged by someone who is immune to the law of man due to position, privilege or means?

We are are navigating a world full of people that hold themselves to the lowest standard they can get away with.

I take solace in the fact that we will all be judged by God and that it is not my place to do the same. As difficult as it is at times, I pray for those who wrong us, that they too find God.

Knowing God is control makes navigating this crazy world less difficult.

[Aronis]

You can't expect any justice with such an event.

Just be thankful it was a neighborhood kid who screwed up and not some out of town transient with other motives in being their that night.

Mike

[MNoob]

I don't need justice. Just wanted everything fixed. That's done so I'm not interested in any more of the story. Had someone been injured (which could easily have happened) I'd have a different opinion.

I'm haven't even reconciled what I think justice should be.

[MNoob]

So here's what I know as it's shown on the court website. Those may not be in order, but sure looks like the kid went to jail. I think I need to go to the court to get a transcript.




05/25/2022 12:00PM Dept 84 Further Proceedings Reset Hearing

06/22/2022 1:30PM Dept 02 Arraignment Defendant Pled to Charge(s)

06/22/2022 1:30PM Dept 02 Counsel Information PD Relieved by Court

06/22/2022 1:30PM Dept 02 Jail Instructions Jail Instructions

06/22/2022 1:30PM Dept 02 Judgement & Sentence Defendant Sentenced

[micvite]

Originally Posted by MNoob

So here's what I know as it's shown on the court website. Those may not be in order, but sure looks like the kid went to jail. I think I need to go to the court to get a transcript.




05/25/2022 12:00PM Dept 84 Further Proceedings Reset Hearing

06/22/2022 1:30PM Dept 02 Arraignment Defendant Pled to Charge(s)

06/22/2022 1:30PM Dept 02 Counsel Information PD Relieved by Court

06/22/2022 1:30PM Dept 02 Jail Instructions Jail Instructions

06/22/2022 1:30PM Dept 02 Judgement & Sentence Defendant Sentenced

Good to know something happened at least.

[RalphT5]

Glad to see there were some real consequences for his actions.

[GTFISH]

Originally Posted by MNoob

6 days from his 21st birthday. student at berkeley. lives at home next to the highschool he sped past. uninsured.

No surprise. I hate Subaru's...

[GTFISH]

Originally Posted by MNoob

The M Performance exhaust is bent and one of the tips is mangled. The dealer wants to replace it. State Farm is refusing and allocated .5 hours for a muffler shop to straighten it, and $128 for a new black chrome tip. State Farm is MY insurance. Geico (insurance for the tot sot) has accepted full responsibility. State Farm will subrogate. And they are still behaving like this. Can't make it up. And my car sits collecting dust.

State Farm is not good. My dad has been dealing with a relatively minor single car accident for several months with them and they want the shop to install used parts and take short cuts on everything. I have Geico and it was an easy process when my daughter had some damage to her car.

[CFoote]

Amica is a great insurer. Not the cheapest, but never had a issue with them for claims or any other issues that have popped up.

[MNoob]

It looks like the kid was ordered to pay restitution. I'll know more later today what exactly this means for us, but damn.

[ResIpsaLoquitur]

Originally Posted by MNoob

It looks like the kid was ordered to pay restitution. I'll know more later today what exactly this means for us, but damn.

California will often require those ordered to pay restitution in a case such as yours to pay any out of pocket costs sustained by you associated with remediation, as well at least some portion of any increased insurance premiums you may face as a result of filing claims, and possibly diminished value of your vehicle if pursued by a zealous attorney. There are no hard and fast rules, however, and the fact finder (likely the judge in this case as I assume there was no jury trial) has a considerable amount of deference and latitude to set the terms and dollar amounts. An expert (in the legal sense, not colloquially) will likely be used to aid the court in determining those amounts.

Glad to hear that all of your material possessions have been restored. Please keep us posted.

EDIT — Back to add some clarification. The types of restitution I described above are "direct orders of restitution." There also exists "restitution fines." These are essentially what punitive damages against the defendant would be had there been a trial. Again, depending on the judge, the defendant may be ordered to pay these as well. The court generally has minimal discretion to not require the defendant to pay restitution fines, regardless of the crime committed or sentence (if any) imposed, but does have discretion in determining the amounts.

Did you retain counsel regarding this matter?

[MNoob]

Originally Posted by ResIpsaLoquitur

California will often require those ordered to pay restitution in a case such as yours to pay any out of pocket costs sustained by you associated with remediation, as well at least some portion of any increased insurance premiums you may face as a result of filing claims, and possibly diminished value of your vehicle if pursued by a zealous attorney. There are no hard and fast rules, however, and the fact finder (likely the judge in this case as I assume there was no jury trial) has a considerable amount of deference and latitude to set the terms and dollar amounts. An expert (in the legal sense, not colloquially) will likely be used to aid determining those amounts.

Glad to hear that all of your material possessions have been restored. Please keep us posted.

EDIT — Back to add some clarification. The types of restitution I described above are "direct orders of restitution." There also exists "restitution fines." These are essentially what punitive damages against the defendant would be had there been a trial. Again, depending on the judge, the defendant may be ordered to pay these as well. The court generally has minimal discretion to not require the defendant to pay restitution fines, regardless of the crime committed or sentence (if any) imposed, but does have discretion in determining the amounts.

Did you retain counsel regarding this matter?

No, didn't even know the outcome until I did some snooping. We were never contacted during the process.

[ResIpsaLoquitur]

Originally Posted by MNoob

No, didn't even know the outcome until I did some snooping. We were never contacted during the process.

You may be contacted to aid in determining any amount for direct order of restitution if the judge orders it. Sometimes, they order it of their own volition. Often times however, some input from the aggrieved party is required. It would be highly recommended to retain counsel if you're seeking such restitution. If the amount is determined to be lower, and then you need more, you may not be able to secure it through restitution.

You would likely not be contacted in regards to determining restitution fines as those are fines for the defendant to "pay society" for his acts.

Though as a general matter there is no statute of limitations on restitution in California, if the desired amount by the aggrieved party is not determined when initially determining the amount, the aggrieved party will be unable to seek further monies further down the road, absent a circumstance where there was information unknown to the aggrieved party at that the time, that later surfaces that could not have been known initially; i.e., your damaged load bearing wall is fixed, but six months later it's determined that your roof is leaking as proximate result of the damage, and you now need additional funds to fix that damage and cannot secure those funds from your insurance company for whatever reason.

[MNoob]

Originally Posted by ResIpsaLoquitur

You may be contacted to aid in determining any amount for direct order of restitution if the judge orders it. Sometimes, they order it of their own volition. Often times however, some input from the aggrieved party is required. It would be highly recommended to retain counsel if you're seeking such restitution. If the amount is determined to be lower, and then you need more, you may not be able to secure it through restitution.

You would likely not be contacted in regards to determining restitution fines as those are fines for the defendant to "pay society" for his acts.

Though as a general matter there is no statute of limitations on restitution in California, if the desired amount by the aggrieved party is not determined when initially determining the amount, the aggrieved party will be unable to seek further monies further down the road, absent a circumstance where there was information unknown to the aggrieved party at that the time, that later surfaces that could not have been known initially; i.e., your damaged load bearing wall is fixed, but six months later it's determined that your roof is leaking as proximate result of the damage, and you now need additional funds to fix that damage and cannot secure those funds from your insurance company for whatever reason.

Thank you for the explanation on all this. I know (via USPS app) That both my wife and I are receiving identical letters from the district attorney. I can see from the image that it says "RE: Restitution", and also separately lists my wife and I as "Victim".

I'm curious to see what's in store.

Of course, how will this kid pay restitution? I think his earning potential has taken a hit. Maybe they can garner his wages from making those license plates.

[ResIpsaLoquitur]

You're very welcome! Those are almost certainly their request for your input along with requests for affidavits, or at the very least, notice that the state intends to seek restitution from the defendant.

Wage garnishment is alive and well in California in three major flavors. The one applicable here is Earnings Withholding Order for Court Ordered Debt (FTB 2229). This can apply even if the defendant is not currently employed, but retains employment in the future, garnering future wages.

[MNoob]

Originally Posted by ResIpsaLoquitur

You're very welcome! Those are almost certainly their request for your input along with requests for affidavits, or at the very least, notice that the state intends to seek restitution from the defendant.

Wage garnishment is alive and well in California in three major flavors. The one applicable here is Earnings Withholding Order for Court Ordered Debt (FTB 2229). This can apply even if the defendant is not currently employed, but retains employment in the future, garnering future wages.

Yep, you nailed it. Form to request hearing to determine restitution (if needed).

[ResIpsaLoquitur]

Originally Posted by MNoob

Yep, you nailed it. Form to request hearing to determine restitution (if needed).

Wishing you the best of luck!

[MNoob]

Quick update and final chapter. After many many continuations, the kid will pay my out of pocket. I speadsheeted the shit out of my $ in/out so we never stepped into a courtroom. I suspect it will take years for him to pay this off but I’m calling this a win and moving on.

[ResIpsaLoquitur]

Originally Posted by MNoob

Quick update and final chapter. After many many continuations, the kid will pay my out of pocket. I speadsheeted the shit out of my $ in/out so we never stepped into a courtroom. I suspect it will take years for him to pay this off but I’m calling this a win and moving on.

Excellent news! Congratulations.

Good job maintaining comprehensive records and being able to avoid court. These situations are usually more drawn out than this.