California, United States of America
The following excerpt is from Taulbee v. EJ Distribution Corp., 247 Cal.Rptr.3d 538, 35 Cal.App.5th 590 (Cal. App. 2019):
we view the evidence in the light most favorable to the losing party because "we must assume the jury might have believed the evidence upon which the proposed instruction was predicated and might have rendered a verdict in favor of the losing party had a proper instruction been given." ( Bourgi v. West Covina Motors, Inc. (2008) 166 Cal.App.4th 1649, 1664, 83 Cal.Rptr.3d 758.)
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