Chiu

Vigilant Insurance v. Chiu

Good Law
175 Cal. App. 4th 438
Court of Appeal of CaliforniaJuly 17, 2009B209550California2,812 words

Opinion

Opinion

Croskey, J.

In this case, the appellant, Robert C. Chiu also known as Chih Yuan Chiu (Robert), seeks reversal of a judgment entered in favor of respondent, Vigilant Insurance Company (Vigilant). Robert claims that Vigilant cannot obtain a judgment in this action since he has already been ordered to pay restitution as part of his criminal sentence for grand theft and that the restitution order includes the same amounts Vigilant has recovered in the instant case. We disagree and hold that the restitution statute (Pen. Code, § 1202.4) does not preclude entry of a civil judgment for economic losses that may also be the subject of the criminal restitution order.

FACTUAL AND PROCEDURAL BACKGROUND

On April 7, 2004, Robert was convicted of the crime of grand theft. Over a period of time, he had stolen $397,085.31 worth of computer accessories, including monitors, peripherals, keyboards and other parts, from his employer, ViewSonic. As a part of his sentence, Robert was ordered to pay restitution to ViewSonic in the total sum of $615,000 pursuant to Penal Code, section 1202.4 (Section 1202.4), subdivision (f). This included the value of the stolen property, as well as lost profits and…

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