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Peter H. Kirwan

See more on Peter H. Kirwan

Judge (ret.), neutral
Signature Resolution



Joined Signature Resolution, April 2024; Santa Clara County Superior Court, retired 2024; law professor, Santa Clara University, 2006-present



Judicial Profiles
Title Court Published
Peter H. Kirwan Santa Clara County (San Jose) Superior Court Feb. 19, 2015
The Simpler Life Santa Clara County (San Jose) Superior Court Jun. 26, 2008

Rulings
Case Category Published
Modification: Glassman v. Safeco Insurance Company of America
affirmed
Civil Procedure May 18, 2023
Glassman v. Safeco Insurance Company of America
affirmed
Civil Procedure May 1, 2023
Chen v. BMW of North America
affirmed
Civil Procedure Jan. 24, 2023
Kirk v. City of Morgan Hill
affirmed
Municipal Law Oct. 3, 2022
Modification: People v. Calvary Chapel San Jose
reversed
Constitutional Law Sep. 8, 2022
People v. Calvary Chapel San Jose
reversed
Constitutional Law Aug. 16, 2022
Meinhardt v. City of Sunnyvale
dismissed
Civil Procedure Mar. 11, 2022
Mendoza v. Trans Valley Transport
affirmed
Arbitration Mar. 3, 2022
Rivelli v. Hemm
affirmed
Civil Procedure Aug. 4, 2021
Hewlett-Packard Company v. Oracle Corp.
affirmed
Contracts Jun. 16, 2021
Mayron v. Google LLC
affirmed
statutory_interpretation Sep. 15, 2020
Oliver v. Konica Minolta Business Solutions U.S.A., Inc.
reversed and remanded
Civil Procedure Jun. 25, 2020
Juen v. Alain Pinel Realtors, Inc.
affirmed
Evidence Mar. 8, 2019
Drulias v. 1st Century Bancshares, Inc.
affirmed
Civil Procedure Dec. 27, 2018
Villanueva v. Fidelity National Title Company
reversed
Insurance Sep. 11, 2018
Huff v. Securitas Security Services USA, Inc.
affirmed
statutory_interpretation May 29, 2018
The Police Retirement System of St. Louis v. Page
affirmed
Civil Procedure Apr. 18, 2018
Apple Inc. v. Superior Court (Santa Clara)
petition granted
Corporations Dec. 12, 2017

Verdicts & Settlements
Case Name Topic Role Published
Eva Yanez, on behalf of herself and all others similarly situated v. Gardner Family Health Network Inc., and Does 1 through 10, inclusive Employment Law judge Dec. 29, 2023
Audrey Donaldson v. Home Essentials & Beyond Inc., and Does 1-150, inclusive Consumer Law judge Nov. 18, 2022
Dennis Johnson v. Home Essentials & Beyond Inc., Kirkland's Inc., and Does 1-150, inclusive Consumer Law judge Sep. 9, 2022
Gary Walth, Norlyn Mercado v. Amalia Alcantara, Nava Incorporated and Does 1 to 50 Personal Injury judge Sep. 2, 2022
Stephen A. O'Brien v. Board of Trustees of the California University; Marie Tuite, and Does 1 through 25, inclusive Employment Law judge Feb. 11, 2022
Ian Masloff v. JMA Enterprises LLC dba Top Notch Auto Sales; The Golden 1 Credit Union; American Safety Casualty Insurance Company and Does 1 through 75, inclusive Consumer Law judge Jan. 21, 2022
Dewey Gordon Jr. v. Lake Anderson Ranchos Association, et al. Personal Injury judge Sep. 24, 2021
M Squared Enterprises, Inc. dba Tribloom Inc. v. City of San Jose Contracts judge Feb. 28, 2020
Austin Calhoun v. City of Santa Clara, et al. Civil Rights judge Dec. 8, 2017
City of Warren Police and Fire Retirement System, individually and on behalf of all others similarly situated v. Revance Therapeutics Inc., L. Daniel Browne, Lauren P. Silvernail, Jacob Waugh, Robert Byrnes, Ronald W. Eastman, Phyllis Gardner, James Glasheen, Jonathan Tunnicliffe, Ronald Wooten, Cowen and Company LLC, Piper Jaffray & Co., BMO Capital Markets Corp., William Blair & Company, LLC, and Does 1 to 25, inclusive Securities judge Sep. 15, 2017
Edith Demayo v. O'Connor Hospital Employment Law judge Aug. 18, 2017
Confidential Breach of Contract Defendant Jun. 11, 1994
Title Court Published
Peter H. Kirwan Santa Clara County (San Jose) Superior Court Feb. 19, 2015
The Simpler Life Santa Clara County (San Jose) Superior Court Jun. 26, 2008
Case Category Published
Modification: Glassman v. Safeco Insurance Company of America
affirmed
Civil Procedure May 18, 2023
Glassman v. Safeco Insurance Company of America
affirmed
Civil Procedure May 1, 2023
Chen v. BMW of North America
affirmed
Civil Procedure Jan. 24, 2023
Kirk v. City of Morgan Hill
affirmed
Municipal Law Oct. 3, 2022
Modification: People v. Calvary Chapel San Jose
reversed
Constitutional Law Sep. 8, 2022
People v. Calvary Chapel San Jose
reversed
Constitutional Law Aug. 16, 2022
Meinhardt v. City of Sunnyvale
dismissed
Civil Procedure Mar. 11, 2022
Mendoza v. Trans Valley Transport
affirmed
Arbitration Mar. 3, 2022
Rivelli v. Hemm
affirmed
Civil Procedure Aug. 4, 2021
Hewlett-Packard Company v. Oracle Corp.
affirmed
Contracts Jun. 16, 2021
Mayron v. Google LLC
affirmed
statutory_interpretation Sep. 15, 2020
Oliver v. Konica Minolta Business Solutions U.S.A., Inc.
reversed and remanded
Civil Procedure Jun. 25, 2020
Juen v. Alain Pinel Realtors, Inc.
affirmed
Evidence Mar. 8, 2019
Drulias v. 1st Century Bancshares, Inc.
affirmed
Civil Procedure Dec. 27, 2018
Villanueva v. Fidelity National Title Company
reversed
Insurance Sep. 11, 2018
Huff v. Securitas Security Services USA, Inc.
affirmed
statutory_interpretation May 29, 2018
The Police Retirement System of St. Louis v. Page
affirmed
Civil Procedure Apr. 18, 2018
Apple Inc. v. Superior Court (Santa Clara)
petition granted
Corporations Dec. 12, 2017
Case Name Topic Role Published
Eva Yanez, on behalf of herself and all others similarly situated v. Gardner Family Health Network Inc., and Does 1 through 10, inclusive Employment Law judge Dec. 29, 2023
Audrey Donaldson v. Home Essentials & Beyond Inc., and Does 1-150, inclusive Consumer Law judge Nov. 18, 2022
Dennis Johnson v. Home Essentials & Beyond Inc., Kirkland's Inc., and Does 1-150, inclusive Consumer Law judge Sep. 9, 2022
Gary Walth, Norlyn Mercado v. Amalia Alcantara, Nava Incorporated and Does 1 to 50 Personal Injury judge Sep. 2, 2022
Stephen A. O'Brien v. Board of Trustees of the California University; Marie Tuite, and Does 1 through 25, inclusive Employment Law judge Feb. 11, 2022
Ian Masloff v. JMA Enterprises LLC dba Top Notch Auto Sales; The Golden 1 Credit Union; American Safety Casualty Insurance Company and Does 1 through 75, inclusive Consumer Law judge Jan. 21, 2022
Dewey Gordon Jr. v. Lake Anderson Ranchos Association, et al. Personal Injury judge Sep. 24, 2021
M Squared Enterprises, Inc. dba Tribloom Inc. v. City of San Jose Contracts judge Feb. 28, 2020
Austin Calhoun v. City of Santa Clara, et al. Civil Rights judge Dec. 8, 2017
City of Warren Police and Fire Retirement System, individually and on behalf of all others similarly situated v. Revance Therapeutics Inc., L. Daniel Browne, Lauren P. Silvernail, Jacob Waugh, Robert Byrnes, Ronald W. Eastman, Phyllis Gardner, James Glasheen, Jonathan Tunnicliffe, Ronald Wooten, Cowen and Company LLC, Piper Jaffray & Co., BMO Capital Markets Corp., William Blair & Company, LLC, and Does 1 to 25, inclusive Securities judge Sep. 15, 2017
Edith Demayo v. O'Connor Hospital Employment Law judge Aug. 18, 2017
Confidential Breach of Contract Defendant Jun. 11, 1994