What is the test for making a mistake of fact or error of fact instruction in a civil case?

Assuming the CALCRIM No. 3406 instruction should have been given, there is no reasonable likelihood the result of the trial would have been different. The embezzlement instruction told the jury defendant's good faith belief he was authorized to use the funds was a defense. The instruction did not state the belief had to be reasonable. Thus CALCRIM No. 3406 was merely duplicative and failure to give it does not require reversal. (People v. Russell (2006) 144 Cal.App.4th 1415, 1431 disapproved on another

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ground in People v. Covarrubias (2016) 1 Cal.5th 838, 824 [failure to give mistake of fact instruction not reversible unless reasonably likely giving instruction would have produced more favorable result for defendant].)