What is the test for an implied waiver in a civil case?

While an implied waiver is sufficient to satisfy the constitutional standard (Berghuis v. Thompkins (2010) 560 U.S.370, ___ [130 S.Ct. 2250, 2259-2262]), the record must establish Gallegos understood his rights and acted in a manner consistent with a voluntary waiver. "As a general proposition, the law can presume that an individual who, with a full understanding of his or her rights, acts in a manner inconsistent with their exercise has made a deliberate choice to relinquish the protection those rights afford." (Id. at p. ___ [130 S.Ct. at p. 2262].) In sum, when "the prosecution shows that a

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