Does the claim of right defense apply to a person who takes more money and property than he claims to be entitled to?

California, United States of America


The following excerpt is from People v. C.S. (In re C.S.), C086027 (Cal. App. 2019):

A person who takes property openly and avowedly, believing in good faith that he has a lawful claim to the property taken, necessarily lacks the felonious intent to steal the property even if his belief is mistaken. ( 511 [embezzlement]; People v. Tufunga (1999) 21 Cal.4th 935, 938; People v. Hussain (2014) 231 Cal.App.4th 261, 269.) However, neither the statute nor any case law cited by the parties extends the claim-of-right defense to a situation where a person takes more money or property than he claims to be entitled to, and we have found no case law that holds the defense viable on such facts.

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