220 Cal. App. 4th 465
Cal. Ct. App.2013Background
- K.C., a minor, was placed on Welfare and Institutions Code 654.2 informal supervision rather than adjudicated under 602.
- The court ordered restitution of $4,248.14 to the victim as part of the 654.2 supervision terms.
- The minor and participants agreed that restitution fines would remain in effect until paid, with payments via 730.6/730.7 and not discharged on probation termination.
- By 2010–2011, the minor had paid portions of restitution; the court considered converting the remaining restitution to a civil judgment under 730.6.
- The court converted the balance to a civil judgment under 730.6 notwithstanding the lack of a 602 adjudication, and dismissed the petition while terminating probation.
- On appeal, the minor contends 730.6 cannot apply because there was no adjudication; the People argue estoppel applies due to the minor’s agreement to 730.6 as a condition of informal supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 730.6 authorizes conversion of restitution when no 602 adjudication occurred. | K.C. argues 730.6 requires adjudication under 602. | People contend informal supervision consent permits conversion under 730.6. | Estoppel; consent to 730.6 applies despite no 602 adjudication, so no reversible error. |
| Whether the minor is estopped from challenging the 730.6 conversion due to agreement to its application. | K.C. did not agree to be bound by 730.6 in a way beyond jurisdiction. | People assert minor benefited from informal supervision and consented to conversion; thus estopped. | Estopped; minor benefited and public policy supports enforceability. |
Key Cases Cited
- Charles S. v. Superior Court, 32 Cal.3d 741 (Cal. 1982) (supports rehabilitation and restitution principles; basis for 730.6 logic)
- In re Omar R., 105 Cal.App.4th 1434 (Cal.App.4th 2003) (informal supervision precludes true adjudication; estoppel rationale)
- In re Adam R., 57 Cal.App.4th 348 (Cal.App.4th 1997) (informal supervision as rehabilitative tool; avoids adjudication)
- In re Abdirahman S., 58 Cal.App.4th 963 (Cal.App.4th 1997) (benefits of informal supervision and restitution alignment)
- In re Brittany L., 99 Cal.App.4th 1381 (Cal.App.4th 2002) (restitution considerations and record specifics under 654.3)