In National Medical Transportation Network v. Deloitte & Touche (1998) 62 Cal.App.4th 412, the instruction on negligent interference with prospective economic advantage "omited the tort's material element of 'independent wrongfulness.'" (Id. at p. 439.) The defendants did not waive or invite the error by failing to object because the instruction was an "incorrect statement of law." (Id. at p. 440.) Furthermore, the "rules of waiver and estoppel" did not apply because "Della Penna announced the retroactive new rule of law requiring independent wrongful conduct after the verdicts." (Id. at p. 439.)