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Restitution often involves replacement of stolen or damaged property or reimbursement of costs that the victim incurred as a result of the crime. A court is required under current state law to order full restitution unless it finds compelling and extraordinary reasons not to do so. [38] Sometimes, however, judges do not order restitution.
Initiated in 1968 in the Superior Court of Los Angeles County, Serrano v. Priest (John Serrano was a parent of one of several Los Angeles public school students; Ivy Baker Priest was the California State Treasurer at the time) set forth three causes of action (quotes from the decision).
Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
"The court is also mindful of the fact that the court issues a lot of restitution orders and I will say that 95 percent of them, the victim never receives satisfaction.
Following spates of fentanyl overdoses among students, California public schools could be required to provide Narcan on campuses — a nasal spray that can reverse deadly effects of opioids.
The U.S. Constitution takes priority over the California constitution so courts may still be obliged to exclude evidence under the federal Bill of Rights. In practice the law prevented the California courts from interpreting the state constitution so as to impose an exclusionary rule more strict than that required by the federal constitution. [3]
In May 2016, lawyers for the school students asked the California Supreme Court to reconsider the Court of Appeal reversal and reinstate the trial court's ruling in their favor. [6] On August 22, 2016 the State's highest court declined to review the case in a 4-3 decision, [ 7 ] [ 8 ] thus permitting the Court of Appeal decision upholding the ...
For the record: 4:44 p.m. Sept. 24, 2023: An earlier version of this article referred to state Sen. Josh Newman as Josh Newsom.. All California public schools will be required to provide gender ...