People v. Lyon

In People v. Lyon (1996) 49 Cal.App.4th 1521, the court concluded that legal expenses incurred by the victim to prevent the sale of a home in which the defendant had equity was an economic loss incurred as a result of the defendant's criminal conduct and thus the proper subject of a restitution order. The victim's attempt to preserve an asset belonging to the defendant which could cover a portion of the loss was proper, necessary, and a logical result of the defendant's criminal conduct. The court, however, disallowed legal fees and costs incurred by the victim in employing a private attorney to oppose defense discovery in the criminal case, finding that although the expense may have been an economic loss, it was not one "that resulted from 'defendant's criminal conduct' but rather from defendant's defense of the criminal charges." (Id. at p. 1526.)