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Remedies,
Civil Litigation

Apr. 2, 2025

Criminal restitution orders following civil settlements

Civil settlements don't erase criminal restitution. In California, defendants can still be ordered to pay victims for economic losses, even after settling a civil case.

Dmitry Gorin

Partner
Eisner Gorin LLP

Alan Eisner

Partner
Eisner Gorin LLP

Robert Hill

Associate
Eisner Gorin LLP

Criminal restitution orders following civil settlements
Shutterstock

Whether in the context of an automobile accident involving a drunk or reckless driver, an assault, or a property crime such as vandalism, the same set of facts can often give rise to both a criminal prosecution and a civil action between the criminal defendant and the alleged victim. Often, the parties come to a civil settlement agreement outside of court before the criminal case is resolved. This presents a thorny set of issues around calculating criminal restitution about which both civi...

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