On February 21, 2019 a
Motion-Secondary
was filed
involving a dispute between
Mildred L. Oliver,
Oliver, Mildred L.,
and
City Of Oakland,
Oakland Police Department,
for Civil Unlimited (Civil Rights/Discrimination)
in the District Court of Alameda County.
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BARBARA J. PARKER, City Attorney, SBN 069722
MARIA BEE, Chief Assistant City Attorney, SBN 167716
KEVIN MCLAUGHLIN, Supervising Deputy City Attorney, SBN 251477
MICHAEL QUIRK, Deputy City Attorney, SBN 283351
One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
Telephone: (510) 238-3839, Fax: (510) 238-6500
Email: mquirk@oaklandcityattorney.org
33244/3111399
Attorneys for Defendant,
aoUmSDLUCCUN
CITY OF OAKLAND Ze)
AS
(also erroneously sued as 2
OAKLAND POLICE DEPARTMENT) &g
fe
SUPERIOR COURT OF THE STATE OF CALIFORNIAS
Ss
ww
10 COUNTY OF ALAMEDA
11
12 MILDRED L. OLIVER, Case No. RG19007799
13 Plaintiff, ASSIGNED FOR ALL PURPOSES TO
JUDGE James Reilly
14 V. DEPARTMENT 25
15 CITY OF OAKLAND, OAKLAND POLICE [PROPOSED] ORDER GRANTING
DEPARTMENT, AND DOES 1-25, DEFENDANT’S MOTION TO SEAL
16 INCLUSIVE, RECORDS
17 Defendants. Date: December 15,2021
Time: 9:00 a.m.
18 Dept.: 25
Reservation No: R-2296414
19 |.
20 Complaint filed: February 21, 2019
Trial date: January 24, 2022
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[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799
RECORDS
Defendant City of Oakland’s (“City”) Motion to Seal Records came on for hearing before
this Court on December 15, 2021, before the Honorable James Reilly in Department 25 of this
Court, located at 1221 Oak Street, Oakland, California 94612. After fullconsideration of the
City’s Motion, all papers and arguments submitted by the Parties, and good cause being found,
the Court finds, pursuant toCalifornia Rule of Court 2.550 etseq., as follows:
The overriding interest in protecting the confidential portions of the following
documents (collectively the “Confidential Record”) including under Penal Code section 832.7
and Evidence Code section 1043 and 1046 overcomes the public interest in that information:
1. Memorandum of Points and Authorities in Support of Motion for Summary
10 Judgment, or in the Alternative Summary Adjudication;
ll 2. Separate Statement in Support of Motion for Summary Judgment, or in the
12 Alternative Summary Adjudication;
13 3. Separately Bound Evidence in Support of Motion for Summary Judgment, or in
14 the Alternative Summary Adjudication:
15 A. Portions of the Declaration of Wilson Lau in Support of Motion for Summary
16 Judgment, or in the Alternative Summary Adjudication, and the entirety of
17 Exhibits A through F thereto; and
18 B. Portions of the Declaration of Darren Allison in Support of Motion for
19 Summary Judgment, or in the Alternative Summary Adjudication.
20 Moreover, the Court finds:
21 e An overriding interestsupports sealing the Confidential Record;
22 e A substantial probability exists that the parties’ overriding interest would be
23 prejudiced ifthe Confidential Record isnot shielded from public view;
24 e The proposed sealing isnarrowly tailored to only the Confidential Record; and
25 e There are no less restrictive means to protect the parties’ overriding interest.
26 Accordingly, for good cause appearing, the Court hereby GRANTS Defendant’s Motion
27 to Seal Records, and orders thatthe Confidential Record is hereby ordered to be sealed pursuant
28 to California Rule of Court 2.550 ef seq.
1
[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799
RECORDS
IT IS SO ORDERED.
Dated: December _, 2021
By:
‘HON. JAMES REILLY
JUDGE OF THE SUPERIOR COURT
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[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799
RECORDS
Document Filed Date
September 29, 2021
Case Filing Date
February 21, 2019
Category
Civil Unlimited (Civil Rights/Discrimination)
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© 1 v25n 067427 ° 4 BARBARA J. PARKER, City Attorney, SBN 069722 MARIA BEE, Chief Assistant City Attorney, SBN 167716 KEVIN MCLAUGHLIN, Supervising Deputy City Attorney, SBN 251477 MICHAEL QUIRK, Deputy City Attorney, SBN 283351 One Frank H. Ogawa Plaza, 6th Floor Oakland, California 94612 Telephone: (510) 238-3839, Fax: (510) 238-6500 Email: mquirk@oaklandcityattorney.org 33244/3111399 Attorneys for Defendant, aoUmSDLUCCUN CITY OF OAKLAND Ze) AS (also erroneously sued as 2 OAKLAND POLICE DEPARTMENT) &g fe SUPERIOR COURT OF THE STATE OF CALIFORNIAS Ss ww 10 COUNTY OF ALAMEDA 11 12 MILDRED L. OLIVER, Case No. RG19007799 13 Plaintiff, ASSIGNED FOR ALL PURPOSES TO JUDGE James Reilly 14 V. DEPARTMENT 25 15 CITY OF OAKLAND, OAKLAND POLICE [PROPOSED] ORDER GRANTING DEPARTMENT, AND DOES 1-25, DEFENDANT’S MOTION TO SEAL 16 INCLUSIVE, RECORDS 17 Defendants. Date: December 15,2021 Time: 9:00 a.m. 18 Dept.: 25 Reservation No: R-2296414 19 |. 20 Complaint filed: February 21, 2019 Trial date: January 24, 2022 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799 RECORDS Defendant City of Oakland’s (“City”) Motion to Seal Records came on for hearing before this Court on December 15, 2021, before the Honorable James Reilly in Department 25 of this Court, located at 1221 Oak Street, Oakland, California 94612. After fullconsideration of the City’s Motion, all papers and arguments submitted by the Parties, and good cause being found, the Court finds, pursuant toCalifornia Rule of Court 2.550 etseq., as follows: The overriding interest in protecting the confidential portions of the following documents (collectively the “Confidential Record”) including under Penal Code section 832.7 and Evidence Code section 1043 and 1046 overcomes the public interest in that information: 1. Memorandum of Points and Authorities in Support of Motion for Summary 10 Judgment, or in the Alternative Summary Adjudication; ll 2. Separate Statement in Support of Motion for Summary Judgment, or in the 12 Alternative Summary Adjudication; 13 3. Separately Bound Evidence in Support of Motion for Summary Judgment, or in 14 the Alternative Summary Adjudication: 15 A. Portions of the Declaration of Wilson Lau in Support of Motion for Summary 16 Judgment, or in the Alternative Summary Adjudication, and the entirety of 17 Exhibits A through F thereto; and 18 B. Portions of the Declaration of Darren Allison in Support of Motion for 19 Summary Judgment, or in the Alternative Summary Adjudication. 20 Moreover, the Court finds: 21 e An overriding interestsupports sealing the Confidential Record; 22 e A substantial probability exists that the parties’ overriding interest would be 23 prejudiced ifthe Confidential Record isnot shielded from public view; 24 e The proposed sealing isnarrowly tailored to only the Confidential Record; and 25 e There are no less restrictive means to protect the parties’ overriding interest. 26 Accordingly, for good cause appearing, the Court hereby GRANTS Defendant’s Motion 27 to Seal Records, and orders thatthe Confidential Record is hereby ordered to be sealed pursuant 28 to California Rule of Court 2.550 ef seq. 1 [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799 RECORDS IT IS SO ORDERED. Dated: December _, 2021 By: ‘HON. JAMES REILLY JUDGE OF THE SUPERIOR COURT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799 RECORDS