Gregory v. State Board of Control

J. — The State Board of Control (the Board) appeals from a judgment (1) declaring it has a duty under the victims of crime restitution *589 program (Victims Program) (Gov. Code, 1 § 13959 et seq.) to obtain full crime reports from law enforcement agencies where victims do not do so, through its subpoena power if necessary, and (2) ordering it to approve Irene Gregory’s claims for reimbursement of expenses she incurred in conjunction with her son David’s killing. 2 The Board also appeals from a postjudgment order assessing attorney fees against it under Code of Civil Procedure section 1021.5. We modify the judgment to correct the rate of interest on costs and attorney fees, but affirm it in all other respects.

Factual and Procedural Background

David, 18 years of age, was shot to death on June 25, 1991. Reynaldo Parson was arrested and charged with the murder; he later pleaded guilty to manslaughter and was sentenced to 10 years in prison.

Irene incurred more than $6,000 in burial expenses for David and about $1,400 in counseling costs for herself. She filed claims for reimbursement of her expenses with the Board under the Victims Program. 3 The Board may deny the claim…