Does the preemption rule apply to a prosecution for murder under section 187 of the California Vehicle Accident Act?

"[The] preemption rule is applicable (1) when each element of the general statute corresponds to an element on the face of the special statute, or (2) when it appears from the statutory context that a violation of the special statute will necessarily or commonly result in a violation of the general statute. [Citation.] Neither of these two categories applies here. A prosecution for murder under section 187 requires a finding of malice, while section 192 specifically defines manslaughter as a killing without malice. Moreover, [15 Cal.App.4th 176] in light of the malice requirement, a violation of the vehicular manslaughter statute would not necessarily or commonly result in a violation of the general murder statute." (People v. Watson (1981) 30 Cal.3d 290, 295-296, 179 Cal.Rptr. 43, 637 P.2d 279, emphasis in original.)

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