California, United States of America
The following excerpt is from People v. Miller, D065282 (Cal. App. 2014):
Citing People v. Tufunga (1999) 21 Cal.4th 935 (Tufunga), the prosecutor responded that the claim-of-right defense did not apply to attempts to satisfy or collect a debt or to attempts to recovery property on behalf of a third party based on agency. The prosecutor stated "there [was] no evidence that [Ross] took money from [Miller] or [Gallardo]." The prosecutor also argued the claim-of-right defense applied only to specific property, and, where the theft was of money, the money had to be not only in the same amount, it had to be the exact same currency as to which a claim of right was asserted.
1. Ruling
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.