What is the test for instructing the jury on the claim-of-right defense?

Appellant contends that the trial court committed reversible error in failing to instruct the jury on the claim-of-right defense. Appellant did not request an instruction on the claim-of-right defense. However, "[i]t is well settled that a defendant has a right to have the trial court, on its own initiative, give a jury instruction on any affirmative defense for which the record contains substantial evidence [citation]...." (People v.

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Salas (2006) 37 Cal.4th 967, 982.)