California, United States of America
The following excerpt is from Gavello v. Millman, A132291 (Cal. App. 2013):
"Upon request, a party is entitled to correct, non-argumentative instructions on every theory of the case advanced by the party that is supported by substantial evidence. [Citation.]" (Alcala v. Vazmar Corp. (2008) 167 Cal.App.4th 747, 754.) Thus, when reviewing a claim that the trial court improperly refused an instruction, "we view the evidence in the light most favorable to the appellant. In such cases, we assume that the jury might have believed the evidence upon which the instruction favorable to the appellant was predicated. [Citations.]" (Ibid.) However, " '[a] judgment may not be reversed on appeal, even for error involving "misdirection of the jury," unless "after an examination of the entire cause, including the evidence," it appears the error caused a "miscarriage of justice." [Citation.]' [Citation.]" (Id. at p. 755.)
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