People v. Runyan
54 Cal. 4th 849
Cal.2012Background
- Runyan killed Benge while intoxicated in a head-on freeway crash; Benge left no survivors.
- Trial court ordered $446,486 restitution to Benge’s estate under §1202.4 for economic loss caused by defendant’s crime.
- Court of Appeal affirmed restitution to the estate.
- California Supreme Court granted review to resolve whether a deceased victim’s estate or the victim’s personal representative may receive mandatory restitution for losses incurred by the decedent before death, or for post-death losses.
- Court reverses Court of Appeal: the estate is not a direct victim; the decedent’s personal representative may sue for pre-death losses, but cannot recover post-death diminution of estate assets or administration costs; restitution to the estate for those post-death losses is not authorized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the decedent’s estate is a direct victim entitled to restitution | Runyan: estate is a direct victim under §1202.4 | People: estate is not a direct victim | Estate not a direct victim; only the decedent’s personal representative may recover pre-death losses on the decedent’s behalf |
| Whether post-death diminution of estate assets is recoverable | Estate should be compensated for post-death losses | Post-death losses are not recoverable | Post-death diminution and administration costs are not recoverable as losses incurred by the decedent personally |
Key Cases Cited
- Martinez v. Superior Court, 36 Cal.4th 384 (2005) (direct-victim concept limits restitution to immediate objects of the offense)
- People v. Birkett, 21 Cal.4th 226 (1999) (insurers not direct victims for restitution when not immediate objects of offenses)
- People v. Giordano, 42 Cal.4th 644 (2007) (victim may recover for losses personally incurred; decedent’s spouse may recover for own losses)
- People v. Slattery, 167 Cal.App.4th 1091 (2008) (restitution to estate for deceased-victim medical expenses considered local practice)
- People v. Anderson, 50 Cal.4th 19 (2010) (Marsy’s Law and discretionary restitution considerations; declaratory scope of direct-victim concept)
- Estate of Bright v. Western Air Lines, 104 Cal.App.2d 827 (1951) (illustrates limits on damages recoverable by decedent’s estate in death-related actions)
- Pease v. Beech Aircraft Corp., 38 Cal.App.3d 450 (1973) (discusses survival/wrongful-death distinctions in civil context)