Fierro

Fierro v. State Bd. of Control

Good Law
191 Cal. App. 3d 735·1987 Cal. App. LEXIS 1675·236 Cal. Rptr. 516
Court of Appeal of CaliforniaApril 30, 1987D004819California1,773 words

Opinion

Opinion

Work, J.

Yolanda Fierro, on behalf of her two children, appeals a judgment denying her petition for a writ of mandate directing the State Board of Control (Board) to set aside its denial and grant her children restitution under the Victims of Violent Crime Act (Act). (Gov. Code, § 13959 et seq.) The minors unsuccessfully contend the Board erred in finding Social Security benefits are reimbursement for the loss of a parent’s support and in determining they are not entitled to recover the amount of lost parental support even if they have been reimbursed. Further, they unpersuasively claim public policy requires us to establish a rule analagous to the collateral source doctrine adopted in tort cases in determining whether restitution should be paid for crime victims pursuant to the Act. Accordingly, we affirm the judgment.

I

Leonard Fierro was paying $100 per month to support each of his two minor children until he was murdered. After their father’s death, each child began receiving $550 per month Social Security insurance benefits. The minors’ application for restitution benefits under section 13959, to compensate for the loss of the $ 100 per month parental support payment, was…

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