How have courts interpreted the claim of right defense in a personal injury case?

California, United States of America


The following excerpt is from People v. Selivanov, B252894, c/w B255166 (Cal. App. 2016):

(Tufunga).) Citing People v. Barnett (1998) 17 Cal.4th 1044, the court explained that it understood the claim-of-right defense to be applicable only where a defendant claimed ownership of specific, identifiable money or property. In the court's view, "claim of right requires you to be able to identify and say this money exactly is my money," and "all this money was flown all over the place, and there is no identifiable money that you can point to and say that was the money that I was owed for my salary Due to Management account that was the money that I was owed for my loan."

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