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See Larceny (claim of right). California law is instructive. The claim-of-right defense developed in the common law as a defense to larceny or robbery. (People v. Tufunga (1999) 21 Cal.4th 935, 945 [90 Cal. Rptr. 2d 143, 987 P.2d 168] (Tufunga).) “ ‘ “Although an intent to steal may ordinarily be inferred when one person takes the property of another, particularly if he [or she] takes it by force, proof of the existence of a state of mind incompatible with an intent to steal precludes a finding of either theft or robbery. It has long been the rule … that a bona fide belief, even though mistakenly held, that one has a right or claim to the property negates felonious intent. [Citations.] A belief that the property taken belongs to the taker [citations], or that he [or she] had a right to retake goods sold [citation] is sufficient to preclude felonious intent. Felonious intent exists only if the actor intends to take the property of another without believing in good faith that he [or she] has a right or claim to it.” ’ ” (Id. at p. 943, citing Barnett, supra, 17 Cal.4th at pp. 1142-1143.) “ ...

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