In People v. Johnston (2003) 113 Cal.App.4th 1299, the defendant had gone to his ex-girlfriend's house at 5:00 a.m., "banged on the walls, windows, and doors" and threatened to kill the entire family. (Id. at p. 1304.) He repeatedly challenged the ex-girlfriend's brothers to fight. One brother came out and started fighting with the defendant. (Ibid.) The defendant then pulled out a knife and stabbed him. (Id. at p. 1305.) A jury found the defendant guilty of second degree murder. On the defendant's motion for new trial, the trial court reduced the conviction to voluntary manslaughter. (People v. Johnston, supra, 113 Cal.App.4th at p. 1303.) It reasoned that, although the defendant had used provocative words, the victim had been the first to use physical force. (Id. at pp. 1308-1310.) The appellate court reversed. (People v. Johnston, supra, 113 Cal.App.4th at p. 1314.) It held that a person who provokes a fight cannot claim that he was provoked into killing his opponent (at least when his opponent responds with less than deadly force). (Id. at pp. 1303, 1312-1313.) "It was the defendant who instigated the fight with the victim by creating a loud disturbance at the residence, cursing the mother of the victim and girlfriend and, most particularly, challenging the victim to come out and fight. Having done that, he cannot be heard to assert that he was provoked when the victim took him up on the challenge." (Id. at p. 1313.)