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FILED
ALAMEDA c~
DEC 1 57/71
BARBARA J. PARKER, City Attomey, SBN 069722 CLERK OF;
MARIA BEE, Chief Assistant City Attorney, SBN 167716 / Ei
KEVIN MCLAUGHLIN, Supervising Deputy City Attorney, SBN 251477 7
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,
CITY OF OAKLAND
(also erroneously sued as
OAKLAND POLICE DEPARTMENT)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA
MILDRED L. OLIVER, Case No. RG19007799
Plaintiff, ASSIGNED FOR ALL PURPOSES TO
JUDGE James Reilly
v. DEPARTMENT 25
CITY OF OAKLAND, OAKLAND POLICE
DEPARTMENT, AND DOES 1-25,
INCLUSIVE, [PREPOSED] ORDER GRANTING
DEFENDANT’S MOTION TO SEAL
Defendants. RECORDS
Date: December 15, 2021
Time: 9:00 a.m.
Dept.: 25
Reservation No: R-2296414
Complaint filed: February 21, 2019
Trial date: January 24, 2022
1
[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799
RECORDS
SUPEHIUHICOUR)
JeoutyDefendant 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 full consideration of the
City’s Motion, all papers and arguments submitted by the Parties, and good cause being found,
the Court finds, pursuant to California Rule of Court 2.550 ef seq., 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
Judgment, or in the Alternative Summary Adjudication;
2. Separate Statement in Support of Motion for Summary Judgment, or in the
Alternative Summary Adjudication;
3. Separately Bound Evidence in Support of Motion for Summary Judgment, or in
the Alternative Summary Adjudication:
A. Portions of the Declaration of Wilson Lau in Support of Motion for Summary
Judgment, or in the Alternative Summary Adjudication, and the entirety of
Exhibits A through F thereto; and
B. Portions of the Declaration of Darren Allison in Support of Motion for
Summary Judgment, or in the Alternative Summary Adjudication.
Moreover, the Court finds:
e An overriding interest supports sealing the Confidential Record;
e A substantial probability exists that the parties’ overriding interest would be
prejudiced if the Confidential Record is not shielded from public view;
© The proposed sealing is narrowly tailored to only the Confidential Record; and
e There are no less restrictive means to protect the parties’ overriding interest.
///1
JIT
///1
1
[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799
RECORDS10
11
13
14
16
17
18
19
20
21
22
23
24
25
26
27
28
Accordingly, for good cause appearing, the Court hereby GRANTS Defendant’s Motion
to Seal Records, and orders that the Confidential Record is hereby ordered to be sealed pursuant
to California Rule of Court 2.550 et seq.
IT IS SO ORDERED.
Dated: December JS , 2021
By:
HON. S REIDLY
JUDGE OF THE SUPERIOR COURT
2
[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799
RECORDSSUPERIOR COURT OF CALIFORNIA eC ae aE
COUNTY OF ALAMEDA
COURTHOUSE ADDRESS: super FILE :D tom
Rene C. Davidson Courthouse eter eu alifornia
ty of Alameda
1225 Fallon Street, Oakland, CA 94612 12/16/2021
PLAINTIFF/PETITIONER: ChadF em doer /Cleik ofthe Court
Mildred L. Oliver By. ai) Deputy
DEFENDANT/RESPONDENT: P. Gigene
City of Oakland et al
CASE NUMBER:
CERTIFICATE OF MAILING RG19007799
|, the below-named Executive Officer/Clerk of the above-entitled court, do hereby certify that | am nota
party to the cause herein, and that on this date | served the Order Granting Defendant's Motion to Seal
Records upon each party or counsel named below by placing the document for collection and mailing so
as to cause it to be deposited in the United States mail at the courthouse in Oakland, California, one copy
of the original filed/entered herein in a separate sealed envelope to each address as shown below with the
postage thereon fully prepaid, in accordance with standard court practices.
John Houston Scott Michael J. Quirk
Scott Law Firm
1388 Sutter Street One Frank H. Ogawa Plaza
Suite 715 6th Floor
San Francisco, CA 94109- Oakland, CA 94612-
Pamela Y. Price, Esq.
P.O. Box 5843
Oakland, CA 94605
Chad Finke, Executive Officer / Clerk of the Court
Dated: 12/16/2021 By:
Y:
a agypdee covet
P. Geers, Deputy Clerk
CERTIFICATE OF MAILING
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FILED ALAMEDA c~ DEC 1 57/71 BARBARA J. PARKER, City Attomey, SBN 069722 CLERK OF; MARIA BEE, Chief Assistant City Attorney, SBN 167716 / Ei KEVIN MCLAUGHLIN, Supervising Deputy City Attorney, SBN 251477 7 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, CITY OF OAKLAND (also erroneously sued as OAKLAND POLICE DEPARTMENT) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA MILDRED L. OLIVER, Case No. RG19007799 Plaintiff, ASSIGNED FOR ALL PURPOSES TO JUDGE James Reilly v. DEPARTMENT 25 CITY OF OAKLAND, OAKLAND POLICE DEPARTMENT, AND DOES 1-25, INCLUSIVE, [PREPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL Defendants. RECORDS Date: December 15, 2021 Time: 9:00 a.m. Dept.: 25 Reservation No: R-2296414 Complaint filed: February 21, 2019 Trial date: January 24, 2022 1 [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799 RECORDS SUPEHIUHICOUR) JeoutyDefendant 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 full consideration of the City’s Motion, all papers and arguments submitted by the Parties, and good cause being found, the Court finds, pursuant to California Rule of Court 2.550 ef seq., 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 Judgment, or in the Alternative Summary Adjudication; 2. Separate Statement in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication; 3. Separately Bound Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication: A. Portions of the Declaration of Wilson Lau in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication, and the entirety of Exhibits A through F thereto; and B. Portions of the Declaration of Darren Allison in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication. Moreover, the Court finds: e An overriding interest supports sealing the Confidential Record; e A substantial probability exists that the parties’ overriding interest would be prejudiced if the Confidential Record is not shielded from public view; © The proposed sealing is narrowly tailored to only the Confidential Record; and e There are no less restrictive means to protect the parties’ overriding interest. ///1 JIT ///1 1 [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799 RECORDS10 11 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 Accordingly, for good cause appearing, the Court hereby GRANTS Defendant’s Motion to Seal Records, and orders that the Confidential Record is hereby ordered to be sealed pursuant to California Rule of Court 2.550 et seq. IT IS SO ORDERED. Dated: December JS , 2021 By: HON. S REIDLY JUDGE OF THE SUPERIOR COURT 2 [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SEAL RG19007799 RECORDSSUPERIOR COURT OF CALIFORNIA eC ae aE COUNTY OF ALAMEDA COURTHOUSE ADDRESS: super FILE :D tom Rene C. Davidson Courthouse eter eu alifornia ty of Alameda 1225 Fallon Street, Oakland, CA 94612 12/16/2021 PLAINTIFF/PETITIONER: ChadF em doer /Cleik ofthe Court Mildred L. Oliver By. ai) Deputy DEFENDANT/RESPONDENT: P. Gigene City of Oakland et al CASE NUMBER: CERTIFICATE OF MAILING RG19007799 |, the below-named Executive Officer/Clerk of the above-entitled court, do hereby certify that | am nota party to the cause herein, and that on this date | served the Order Granting Defendant's Motion to Seal Records upon each party or counsel named below by placing the document for collection and mailing so as to cause it to be deposited in the United States mail at the courthouse in Oakland, California, one copy of the original filed/entered herein in a separate sealed envelope to each address as shown below with the postage thereon fully prepaid, in accordance with standard court practices. John Houston Scott Michael J. Quirk Scott Law Firm 1388 Sutter Street One Frank H. Ogawa Plaza Suite 715 6th Floor San Francisco, CA 94109- Oakland, CA 94612- Pamela Y. Price, Esq. P.O. Box 5843 Oakland, CA 94605 Chad Finke, Executive Officer / Clerk of the Court Dated: 12/16/2021 By: Y: a agypdee covet P. Geers, Deputy Clerk CERTIFICATE OF MAILING