The following excerpt is from Reginato v. City of San Diego, Case No.: 3:15-cv-01963-L-WVG (S.D. Cal. 2018):
officer." Id. at 1187. Wige found this principle not to apply because "the state court never purported to find" on the officer's credibility when determining probable cause. Id. After the preliminary hearing the defendant moved to dismiss for lack of probable cause, but the motion was denied, not because the court found probable cause, but because the issue was more appropriately resolved at trial rather than at the preliminary hearing." Id. On the other hand, collateral estoppel applies where veracity is challenged at the preliminary hearing, the court makes a credibility finding, and then finds probable cause. Greene v. Bank of America, 236 Cal. App. 4th 922, 934-35 (2015) 934.
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