Does a defendant lose the defense if his belief in a claim to the property is mistaken?

Although a defendant does not lose this defense if his belief in a claim to the property is mistaken, he does lose the defense if his belief is not held in good faith. "'Whether a claim is advanced in good faith does not depend solely upon whether the claimant believes he was acting lawfully; the circumstances must be indicative of good faith.' [Citations.] For example, the circumstances in a particular case might indicate that although defendant may have 'believed' he acted lawfully, he was aware of contrary facts which rendered such a belief wholly unreasonable, and hence in bad faith." (People v. Stewart (1976) 16 Cal.3d 133, 140.)

The second intent factor at issue here concerns the intent to deprive the owner of possession permanently. The word "permanently" as used in this context is not to be taken literally. (People v. Avery (2002) 27 Cal.4th 49, 55, People v. Davis, supra, 19 Cal.4th at p. 307.) "The reference to the intent to permanently deprive is merely a shorthand way of describing the common law requirement and is

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not intended literally. Thus, to determine the exact nature of California's intent requirement, we must turn to the common law." (People v. Avery, supra, 27 Cal.4th at p. 55.)