Does a prosecutor's error in making an opening statement in a civil case constitute prejudicial misconduct?

In any event, regardless of whether defendant forfeited either or both asserted errors, the prosecutor's actions did not amount to prejudicial misconduct. " [R]emarks made in an opening statement cannot be charged as misconduct unless the evidence referred to by the prosecutor "was so patently inadmissible as to charge the prosecutor with knowledge that it could never be admitted. " " ( People v. Dykes (2009) 46 Cal.4th 731, 762, 95 Cal.Rptr.3d 78, 209 P.3d 1 ( Dykes ).) During her opening statement, the prosecutor said defendant "admits to having the 9 mm. He also admits to taking down his rifle. That he had all of those. Went to Mexico with him." As explained below, the prosecutor's implied assertionthat defendant admitted to taking the nine-millimeter handgun to Mexicowas not directly supported by the evidence; the prosecutor's misstatement,

[462 P.3d 949]

however, does not amount to prosecutorial misconduct.