Is a jury likely to have reached an improper verdict based on an instruction error?

California, United States of America

The following excerpt is from Rubalcaba v. Albertson's LLC, B278626, B281730 (Cal. App. 2019):

factual theories, is misinstructed as to the legal requisites for one of them, and there is no way to eliminate the likelihood that the jury chose the theory affected by the instructional error, 'it is likely that the jury, following the instructions, reached an improper verdict.' That is what happened in this case. Reversal is required." (Lundy v. Ford Mother Co. (2001) 87 Cal.App.4th 472, 480.)

B. Retaliation Based on Protesting Sexual Harassment by Grim

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