People v. Dimacali

244 Cal. Rptr. 3d 268, 32 Cal. App. 5th 822
CourtCalifornia Court of Appeal, 5th District
DecidedFebruary 28, 2019
DocketD074680
StatusPublished
Cited by11 cases

This text of 244 Cal. Rptr. 3d 268 (People v. Dimacali) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Dimacali, 244 Cal. Rptr. 3d 268, 32 Cal. App. 5th 822 (Cal. Ct. App. 2019).

Opinion

O'ROURKE, J.

*270*826California law allows the civil compromise of certain offenses involving a person "injured by an act constituting a misdemeanor" who "has a remedy by a civil action" so long as the criminal defendant compensates the injured person and pays all costs incurred. ( Pen. Code,1 §§ 1377, 1378 ; see People v. Gokcek (2006) 138 Cal.App.4th Supp. 8, 11, 42 Cal.Rptr.3d 405.) This appeal presents the question of whether a misdemeanor charge of leaving the scene of an accident causing only property damage in violation of Vehicle Code section 20002, subdivision (a) (commonly referred to as hit-and-run; see California v. Byers (1971) 402 U.S. 424, 91 S.Ct. 1535, 29 L.Ed.2d 9 ; People v. Carbajal (1995) 10 Cal.4th 1114, 1118, 43 Cal.Rptr.2d 681, 899 P.2d 67 ) is subject to disposition by such a civil compromise. The People contend such a violation cannot be compromised as a matter of law; that the damages must flow from the criminal conduct and People v. Martinez (2017) 2 Cal.5th 1093, 218 Cal.Rptr.3d 140, 394 P.3d 1066 ( Martinez ) confirms the crime is not the accident but the failure to stop and provide information, which cannot in any scenario cause the property damage suffered by the victim of the misdemeanor offense. They urge us to reject authority to the contrary- People v. Tischman (1995) 35 Cal.App.4th 174, 40 Cal.Rptr.2d 650 ( Tischman )-as flawed and no longer good law. The nature of the hit-and-run offense at issue and a plain reading of the civil compromise statutes compels us to agree. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

The People filed a complaint charging Lourdes Ortiz Dimacali with a single count of misdemeanor hit-and-run driving after Dimacali was involved in an August 2016 incident with M.T. The People alleged Dimacali was the driver of a vehicle involved in an accident resulting in property damage, but failed to locate and notify M.T. or appropriate authorities in violation of Vehicle Code section 20002, subdivision (a). Dimacali pleaded not guilty to the offense.

Thereafter, Dimacali moved to stay prosecution and for discharge and dismissal of her case under sections 1377 and 1378, based in part on a declaration from M.T. in which M.T. stated she had sustained $1,166.78 in *827damages as a result of the incident, Dimacali had reimbursed her that amount, and M.T. did not want Dimacali prosecuted. Dimacali argued that hit-and-run accidents qualified for compromise under Tischman , supra , 35 Cal.App.4th 174, 40 Cal.Rptr.2d 650 because her criminal offense shared a common element-monetary damage-with the civil cause of action.

The People opposed the motion on three grounds. They argued (1) the hit-and-run offense did not qualify for civil compromise because the California Supreme Court in Martinez , supra , 2 Cal.5th 1093, 218 Cal.Rptr.3d 140, 394 P.3d 1066 held the act constituting the Vehicle Code section 20002, subdivision (a) offense was fleeing the scene, not the collision, implicitly overruling Tischman ; (2) Dimacali did not meet the statutory requirements for civil compromise because M.T. was not present before the court to acknowledge satisfaction; and (3) the public interest was not vindicated by a civil compromise so as to permit the court to exercise its discretion to grant Dimacali's requested relief. Following a hearing on the matter, the superior court granted Dimacali's motion and dismissed her case on condition she pay court fees and costs.

*271The People appealed to the San Diego Superior Court's appellate division. (§ 1466, subd. (a)(2).) They argued a violation of Vehicle Code section 20002, subdivision (a) could not be civilly compromised as a matter of law, repeating the arguments that the collision was not an element of the crime and thus damages did not flow from the criminal act, but rather under Martinez , supra , 2 Cal.5th 1093, 218 Cal.Rptr.3d 140, 394 P.3d 1066 the gravamen of the crime was the flight. They argued Tischman 's reasoning was flawed and contrary to Martinez . The appellate division rejected these arguments and affirmed the superior court's order. We granted the People's request to have the matter transferred to this court for review.2

DISCUSSION

I. Standard of Review

The relevant facts-that Dimacali was charged with a violation of Vehicle Code section 20002, subdivision (a) and thereafter satisfied the victim's damages-are not in dispute. Under the circumstances, whether her misdemeanor offense qualifies for civil compromise is a question of statutory interpretation that we review independently.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Izadi v. Elite Business Investments CA2/4
California Court of Appeal, 2025
People v. Jimenez
California Court of Appeal, 2024
People v. Jimenez CA4/1
California Court of Appeal, 2024
People v. Rule CA4/3
California Court of Appeal, 2023
People v. Fuller
California Court of Appeal, 2022
People v. Ingram CA3
California Court of Appeal, 2021
Huerta v. City of Santa Ana
California Court of Appeal, 2019
Bennett v. Rancho Cal. Water Dist.
California Court of Appeal, 2019
Bennett v. Rancho Cal. Water Dist.
248 Cal. Rptr. 3d 21 (California Court of Appeals, 5th District, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
244 Cal. Rptr. 3d 268, 32 Cal. App. 5th 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dimacali-calctapp5d-2019.