In Carpiaux v. Peralta Community College Dist. (1989) 215 Cal. App. 3d 1220, the court distinguished between a theory that is factually inadequate and one that is legally inadequate, in that case due to misinstruction. In the former case it would be presumed the general verdict was based on the supported theory, but in the latter it was likely the jury reached an improper verdict that must be reversed. ( Id. at pp. 1224-1225.)