If that is the Pasadena case, which it sounds like it is, that case still went to a jury. This is why affirmative defenses are tricky -- you must first admit you did it. And then it still goes to a jury. Which means you must rely upon the jury to understand and get it right. And its use does have a "reasonableness element." Should I be surprised you didn’t know this? I am not sure.
Last edited: Aug 25, 2020