Nonaka

FACTS AND PROCEDURAL HISTORY

While driving with a blood alcohol level of .14 percent, respondent ran a red light and crashed into another vehicle, severely injuring its occupants. Ame S. suffered a fractured pelvis. Her 14-year-old daughter, Lyla S., suffered multiple injuries including a lacerated spleen and ruptured kidney, for which she was hospitalized. Lyla also suffered back injuries and other minor injuries. As part of his negotiated plea, respondent acknowledged that he would be ordered to pay victim restitution in an amount to be determined at a restitution hearing in criminal court. Meanwhile, the victims hired an attorney on a contingency fee basis and settled a civil lawsuit against respondent. This settlement was paid by respondent’s insurance carrier in the amount of $235,000 for Ame and $200,000 for Lyla. As part of this settlement, Ame signed a general release in which she agreed to “release, discharge and acknowledge as fully paid and compromised, all claims, demands and causes of action” against respondent and his insurance carrier. (Capitalization omitted.) Nobody asked the People of the State of California if they agreed to this settlement. Prior to the…