Moore

Moore v. State Bd. of Control

Good Law
112 Cal. Rptr. 2d 910·93 Cal. App. 4th 400
Court of Appeal of CaliforniaJanuary 29, 2002C031821California3,916 words

Opinion

Opinion

The Legislature has declared that it is in the public interest to assist residents of California in obtaining restitution for the pecuniary losses they suffer as a direct result of criminal acts. (Gov.Code, § 13959.) To this end, the Legislature established the Restitution Fund, formerly known as the Indemnity Fund, and enacted procedures by which crime victims may obtain compensation from the fund. (Gov. Code, §§ 13959, 13960.1.) A crime victim commences the process by filing with the State Board of Control (the Board) an application for assistance. (Gov.Code, § 13961.)

The sole issue in this appeal is whether a crime victim's application for assistance from the Restitution Fund may be considered timely when it is not filed within the maximum period of three years after the date of the crime or three years after the victim attains the age of 18 years, whichever is later, as required by Government Code section 13961, subdivision (c). [1]

For reasons that follow, we conclude the superior court erred in ruling that the Board may not deny as untimely an application for assistance when the victim establishes the application was not filed earlier because law…

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