What is the test for refusing to give an instruction in a motion for personal injury?

The trial court refused to give the instruction, finding that it was argumentative and duplicative of other instructions. (See People v. Moon (2005) 37 Cal.4th 1, 30 (Moon) ["a trial court may properly refuse an instruction offered by the defendant if it incorrectly states the law, is argumentative, duplicative, or potentially confusing . . . , or if it is not supported by substantial evidence"].) We review the trial court's ruling under the de novo standard of review. (People v. Johnson (2009) 180 Cal.App.4th 702, 707.)

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