How have courts considered the claim of right defense in carjacking cases?

3. Because this hypothetical is sufficient to dispose of defendant's contention that the crime of unlawfully taking a vehicle is a lesser included offense of carjacking under the elements test, we need not consider the applicability of the claim of right defense to the carjacking statute. (See People v. Tufunga (1999) 21 Cal.4th 935, 90 Cal.Rptr.2d 143, 987 P.2d 168 [holding that in the robbery statute, "felonious taking" incorporated the "claim of right" defense].)

4. We disapprove People v. Rush (1993) 16 Cal.App.4th 20, 20 Cal.Rptr.2d 15 to the extent it held otherwise.