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People v. Fulton6/12/2003
ndant to pay restitution directly to a crime victim. Section 1202.4, subdivision (a)(1) states: " t is the intent of the Legislature that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime." (Italics added.) The statute's implementing subdivision, subdivision (f), states the court "shall require that the defendant make restitution to the victim . . . in an amount established by court order . . . ," and subdivision (f)(3) provides that the restitution "shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as a result of the defendant's criminal conduct, including, but not limited to, all of the following: [ ] . . . [ ] (H) Actual and reasonable attorney's fees and other costs of collection accrued by a private entity on behalf of the victim." (§ 1202.4, subd. (f)(3), italics added.)
Fulton does not dispute that, under section 1202.4, subdivision (f)(3)(H), reasonable attorney fees constitute an economic loss recoverable as restitution. But Fulton contends that attorney fees are recoverable as restitution only to the extent they are incurred to collect a recoverable restitution item, such as medical expenses and lost wages, and not to collect a nonrecoverable item such as pain and suffering non-economic damages. The Attorney General counters that "all attorneys fees are 'economic losses' and recoverable as restitution so long as the fees are reasonable." This issue appears to be one of first impression. (See People v. Pinedo (1998) 60 Cal.App.4th 1403, 1406.)
In resolving the parties' different views of the statute, our task is to interpret the code section to effectuate the Legislature's intent. (People v. Allen (2001) 88 Cal.App.4th 986, 990-991.) In so doing, we look first to the words of the statute, giving the language its usual, ordinary meaning. (People v. Birkett (1999) 21 Cal.4th 226, 231.) " e consider portions of a statute in the context of the entire statute and the statutory scheme of which it is a part, giving significance to every word, phrase, sentence, and part of an act in pursuance of the legislative purpose." (Curle v. Superior Court (2001) 24 Cal.4th 1057, 1063.) If the plain language of the statute is uncertain, we must give the words their reasonable and common sense construction in accordance with the apparent purpose and intention of the lawmakers. This construction must be practical rather than technical and lead to wise policy rather than to mischief or absurdity. (Wise v. Pacific Gas & Electric Co. (1999) 77 Cal.App.4th 287, 299.) Further, "consideration should be given to the consequences that will flow from a particular interpretation." (Dyna-Med, Inc. v. Fair Employment & Housing Com. (1987) 43 Cal.3d 1379, 1387.)
Section 1202.4, subdivision (f)(3)(H) identifies attorney fees as an economic loss recoverable as direct restitution. The fees are expressly limited to those that are " ctual and reasonable" and those incurred in the recovery of damages the victim suffered as a result of the defendant's criminal conduct. This subdivision further includes the phrase "and other costs of collection accrued by a private entity on behalf of the victim." (§ 1202.4, subd. (f)(3)(H).) Viewed in context, the reference to "attorney's fees and other costs of collection" logically suggests the Legislature was viewing attorney fees as a cost of collection and was intending to permit the recovery of attorney fees that were incurred for "collection" purposes. Although the subdivision does not expressly identify the object of that collection, it is only reasonable to infer it is the
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