What is the test for a "provocative act" murder?

This describes the "Washington- Gilbert " or "provocative act" theory of murder, which is invoked when a victim or peace officer has killed a felon. There are two components to the provocative act theory: First, did defendant or a surviving accomplice commit life-threatening provocative acts beyond those necessary to commit the robbery? Second, did those acts [35 Cal.App.4th 765] impel the victim to kill, i.e., were they the proximate cause of death? (See People v. Mai (1994) 22 Cal.App.4th 117, 124, 27 Cal.Rptr.2d 141.)