What is the standard of review for a noneconomic damages order?

California, United States of America


The following excerpt is from People v. Miller, A139503 (Cal. App. 2015):

solely on "the trial court's subjective belief regarding the appropriate compensation," with no "factual and rational basis for the amount ordered." (See also People v. Giordano, supra, 42 Cal.4th at pp. 664-665 ["[W]hile a trial court has broad discretion to choose a method for calculating the amount of restitution, it must employ a method that is rationally designed to determine the surviving victim's economic loss."].)

In People v. Smith, supra, 198 Cal.App.4th at page 436, the court held that the standard of review applicable to economic restitution orders, as set forth above, is not applicable to an order for noneconomic loss. The court explained that "[u]nlike restitution for economic loss, . . . loss for noneconomic loss is subjectively quantified." (Ibid.) The court concluded that trial courts should be guided by the jury instructions applicable in a civil action seeking noneconomic damages and that appellate courts should apply the corresponding standard of review. Under this standard of review, the appellate court will intervene only if the restitution order is so large that it "shocks the conscience and suggests passion, prejudice or corruption." (Ibid.)

Other Questions


When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
How will the Court of Appeal review an order granting an anti-SLAPP motion under the de novo standard of review? (California, United States of America)
Is a restitution order for noneconomic damages indistinguishable from a civil jury award for economic damages? (California, United States of America)
On appeal from an order confirming an arbitration award, what is the standard for reviewing an order from the trial court? (California, United States of America)
In an appeal against a demurrer without leave to amend, what is the standard of review of the order sustaining the order? (California, United States of America)
What is the standard of review applicable to review of a trial court's order involving discovery matters or other matters? (California, United States of America)
What is the standard of review for a receiver to review an order issued by the trial court? (California, United States of America)
When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review? (California, United States of America)
Is a court's order granting or denying a petition under section 946.6 review the same standard of review used in relief from default proceedings? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.