What is the sua sponte duty of a trial court to instruct a defendant on a claim of right defense?

California, United States of America

The following excerpt is from People v. Davis, C052445 (Cal. App. 8/19/2008), C052445 (Cal. App. 2008):

A trial court has a sua sponte duty to instruct on a particular defense if it appears that the defendant is relying on such a defense or if there is substantial evidence to support the defense and the defense is not inconsistent with the defendant's theory of the case. (People v. Maury (2003) 30 Cal.4th 342, 424.)
"The claim-of-right defense provides that a defendant's good faith belief, even if mistakenly held, that he has a right or claim to property he takes from another negates the felonious intent necessary for convicting of theft or robbery." (People v. Tufunga (1999) 21 Cal.4th 935, 938.)

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