What is the test for determining whether a judge made a mistake in refusing to give an instruction?
California, United States of America
The following excerpt is from Abulghasem v. Johnnie's Rest., Inc., B272266 (Cal. App. 2018):
"Before alleged error in the refusal to give an instruction will be reviewed on appeal, the record must show, (1) a proper request for such instruction, and (2) the ruling of the trial court refusing to give the requested instruction. [Citations.]" (Blair v. Williams (1952) 109 Cal.App.2d 516, 519.) Plaintiff has failed to meet this burden.
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