The Honorable Peter H. Kirwan

Santa Clara County Superior Court, Department 19

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Biography

The Hon. Peter H. Kirwan is a judge for the Superior Court of Santa Clara County in California. He was appointed to the bench by former governor Arnold Schwarzenegger in 2006, filling a vacancy created by the retirement of the Hon. Thomas P. Hansen.

Kirwan earned a B.A. in political science from the University of California, Berkeley in 1982. He then completed a J.D. from Santa Clara University School of Law in 1986.

He began his legal career in 1986. He first worked as an associate at Hoge, Fenton, Jones & Appel. During his fifteen-year tenure there, he specialized in civil litigation, eventually rising to partner in 1994. Then, in 2001, he left the firm and joined Needham, Davis, Kirwan & Young. He worked there as a partner until his appointment to the bench in 2006.

Kirwan has taught Mediation Theory and Practice at Santa Clara University School of Law.

He has also been an active participant of the Santa Clara Inns of Court since 1988.

Kirwan is registered as a Republican.

Recent Rulings by Hon. Peter H. Kirwan

  • TIM DEVINE V. SCAYL, INC. A/K/A NEXO, ET AL.

    Jan 23, 2020 |  Santa Clara County

    Defendant Stephen Douty’s Motion for Summary Judgement or, in the Alternative, Summary Adjudication

    Factual and Procedural Background

    Plaintiff Tim Devine (“Devine”) is an accomplished and well-respected music executive, entrepreneur, and technology worker. (Complaint, ¶1.)

    In or ar...

  • ANTHONY K. MOROYAN V. ARAM VARDANYAN, ET AL.

    Jul 17, 2018 |  Santa Clara County

    Motion to Quash Service of Plaintiff’s Summons and Complaint

    On March 29, 2017, plaintiff Anthony K. Moroyan (“Plaintiff”) filed a complaint against defendant Aram Vardanyan (“Defendant”) asserting a cause of action for malicious prosecution.

    On May 10, 2018, Defendant filed the motion now ...

  • LANI CHUN V. MICHAEL YUM AKA KYUNG HAN YUM, ET AL.

    Jul 12, 2018 |  Santa Clara County

    Defendant Eugene S. Fu[’s] Demurrer to 2nd Amended Unverified Complaint

    Until August 19, 2014, plaintiff Lani Chun (“Chun”), a 70-year old woman, was the owner of a duplex property located at 5757-5759 Preston Drive in San Jose. (Second Amended Complaint ("SAC"), ¶1.) In or about early June 2013, d...

  • ROBERT J. MEMBRENO V. FREEPORT MCMORAN RESOURCE PARTNERS, ET AL.

    Jul 10, 2018 |  Santa Clara County

    alendar Line 3

    alendar Lines 5

    Motion of Defendants to Compel Plaintiff’s Further Discovery Responses and Plaintiff’s Deposition

    Factual and Procedural Background

    This is a breach of contract action brought by plaintiff Robert J. Membreno, Trustee of the Sai Trust (“Plaintif...

  • DAVBERTA, INC., ET AL. V. SPINNERET ACQUISITIONS, LLC, ET AL.

    Jul 05, 2018 |  Santa Clara County

    alendar Line 3

    alendar Lines 4 – 5

    (1) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Form Interrogatories-General, Set One (1) and for Sanctions

    (2) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Request for Production...

  • CALIFORNIA SPINE AND NEUROSURGERY INSTITUTE DBA SAN JOSE NEUROSPINE V. DELTA

    Jun 28, 2018 |  Santa Clara County

    alendar Line 3

    alendar Line 4

    alendar Line 5

    Health Systems, et al.

    Defendant Anthem UM Services, Inc.’s Demurrer to Plaintiff’s Complaint

    Factual and Procedural Background

    Plaintiff California Spine and Neurosurgery Institute dba San Jose Neurospine (“CSNI”)...

  • MARTEK, INC. V. COMPLETE PROBE SOLUTIONS, INC., ET AL.

    Jun 28, 2018 |  Santa Clara County

    alendar Line 8

    alendar Line 9

    Defendant Complete Probe Solutions, Inc.’s Motion to Compel Further Responses to Requests for Production, Set One

    Factual and Procedural Background

    Defendant Complete Probe Solutions, Inc. (“CPSI”) and FormFactor, Inc. (“FormFactor”) entered int...

  • MAVERICKS CAPITAL LLC, ET AL. V. CESCA THERAPEUTICS, INC., ET AL.

    Jun 26, 2018 |  Santa Clara County

    Motion by Defendant Cesca Therapeutics, Inc. for Order Granting Summary Judgment

    Factual and Procedural Background

    On July 20, 2015, plaintiffs Mavericks Capital LLC and Mavericks Capital Securities LLC (collectively, “Mavericks”) and defendant Cesca Therapeutics, Inc. (“Cesca”) entered int...

  • NICK RUBINO V. MAPFRE INSURANCE, ET AL.

    Jun 26, 2018 |  Santa Clara County

    alendar Line 3

    Defendant MAPFRE Insurance Company’s Demurrer to Plaintiff’s First Amended Complaint

    Factual and Procedural Background

    In relevant part, plaintiff Nick Rubino (“Rubino”) alleges he obtained insurance from defendant MAPFRE Insurance Company (erroneously sued herein as ...

  • REZA MALEK, M.D. V. STRATEGIC HEALTHCARE ASSOCIATES, LLC, ET AL.

    Jun 21, 2018 |  Santa Clara County

    , 6

    This action brought by plaintiff Reza Malek, M.D. (“Plaintiff”) arises from the failure of defendants Strategic Healthcare Associates, LLC (“Strategic”) and the company’s manager, Allan Mercer (“Mercer”), to provide him with company information under Corporations Code section 17704.10 (“Section...

  • MARC BESSE, ET AL. V. INSIGHTEC, LTD, ET AL.

    Jun 21, 2018 |  Santa Clara County

    alendar Line 3

    I. Background

    This is a products liability and negligence action filed by plaintiffs Marc Besse (“Besse”) and Kristen Besse (collectively “Plaintiffs”) against defendants Insightec, Ltd. and Insightec, Inc. (collectively “Insightec”), the manufacturers of gel pads used in med...

  • MARGUERITE RUTH EDWARDS V. AARGON AGENCY, INC., DBA AARGON COLLECTION

    Jun 14, 2018 |  Santa Clara County

    alendar Line 6

    alendar Line 7

    Agency, et al.

    Motion to Compel Completed Case Questionnaire from Defendant, Aargon Agency, Inc., and for Monetary Sanctions

    Factual and Procedural Background

    Plaintiff Marguerite Ruth Edwards (“Edwards”) incurred a financial obligation,...

  • DAVID HERNANDEZ V. DYNAMIC INTEGRATED SOLUTIONS, LLC, ET AL.

    Jun 07, 2018 |  Santa Clara County

    alendar Line 3

    Motion for Summary Judgment of Defendants Dynamic Integrated Solutions, LLC; LD Odyssey, LLC; and David Diep

    On or about April 19, 2016, plaintiff David Hernandez (“Hernandez”), while in the course and scope of his employment with defendant Dynamic Integrated Solutions, LLC (...

  • MICHELLE WU V. WALNUT MEDIA NETWORK, INC., ET AL.

    Jun 05, 2018 |  Santa Clara County

    alendar Line 3

    Defendants’ Demurrer to Plaintiff’s Complaint

    Factual and Procedural Background

    On or around May 2008, defendant David Ji (“Ji’), defendant Shoa-Kai Liu (“Liu”), and plaintiff Michelle Wu (“Wu”) founded defendant Walnut Media Network, Inc. (“WMN”). (Complaint, ¶16.) T...

  • ALI HEIDARI V. NORTH AMERICAN CAPACITY INSURANCE, ET AL.

    May 29, 2018 |  Santa Clara County

    alendar Line Nos. 6-7

    Motions for Summary Judgment, or the Alternative, Summary Adjudication to the Complaint by Defendants North American Capacity Insurance Company and Golden Bear Insurance Company

    Factual and Procedural Background

    This action initiated by plaintiff Ali Heidari (“...

  • TRUONG D. NGO V. OCWEN LOAN SERVICING, LLC, ET AL.

    May 29, 2018 |  Santa Clara County

    This action arises out of an unsuccessful attempt by Plaintiff Truong Ngo (“Plaintiff”) to enter into a loan modification agreement with Defendant Ocwen Loan Servicing, LLC (“Ocwen”), Plaintiff’s prior loan servicer. Plaintiff’s operative complaint filed January 3, 2018 states claims for 1) Breach of Contr...

  • CASTLEPOINT NATIONAL INSURANCE COMPANY V. TLC OF THE BAY AREA INC., ET AL.

    May 24, 2018 |  Santa Clara County

    alendar Line 3

    alendar Line 5

    Motion of Plaintiff Castlepoint National Insurance Company for Order Compelling Defendant TLC of the Bay Area Inc. and dba Valley House Rehabilitation Center to Serve Further Written Responses to Demand for Inspection of Documents, Tangible Things, Land or Othe...

  • TECH EYES, INC. V. GOOGLE LLC

    May 22, 2018 |  Santa Clara County

    alendar Line 3

    I. Background

    This action arises from a dispute over the suspension of a Google AdWords account. The pleading at issue is the Third Amended Complaint (“TAC”) filed by plaintiff Tech Eyes, Inc. (“Plaintiff”), through its Chapter 7 bankruptcy trustee, against Google LLC (“Defen...

  • DAVBERTA, INC., ET AL. V. SPINNERET ACQUISITIONS, LLC, ET AL.

    May 15, 2018 |  Santa Clara County

    alendar Line 3

    alendar Lines 4 – 5

    (1) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Form Interrogatories-General, Set One (1) and for Sanctions

    (2) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Request for Production...

  • DAVBERTA, INC., ET AL. V. SPINNERET ACQUISITIONS, LLC, ET AL.

    May 10, 2018 |  Santa Clara County

    alendar Line 3

    alendar Lines 4 – 5

    (1) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Form Interrogatories-General, Set One (1) and for Sanctions

    (2) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Request for Production...

  • AMCO INSURANCE COMPANY V. BROAN-NUTONE LLC, ET AL.

    May 03, 2018 |  Santa Clara County

    Motion by Plaintiff AMCO Insurance Company to Compel Further Responses to First Request for Production of Documents and the Production of the Documents Requested and Request for Sanctions Against Defendant Broan-Nutone LLC and its Attorneys Haight Brown & Bonesteel LLP in the Amount of $8,560.00

    Fa...

  • SHERRY SEITZINGER AKA SHERRY ROSS V. RICHARD M. LADDEN

    May 01, 2018 |  Santa Clara County

    alendar Line 3

    alendar Line 4

    Motion to Compel Verified Responses or in the Alternative to Compel Further Responses to Form and Special Interrogatories and Requests for Admission; for an Order that all Objections have been Waived and that Requests for Admission be Deemed Admitted and for Sa...

  • SAFEWAY, INC. V. CPT CREEK CENTRAL, LLC

    Apr 19, 2018 |  Santa Clara County

    BACKGROUND

    This action arises out of a landlord-tenant dispute regarding use restrictions and prospective tenants at a commercial property. According to the allegations of the operative cross-complaint (“Cross-Complaint”), in April 1, 1994, plaintiff/cross-complainant Safeway, Inc. (“Safeway”) and ...

  • PHAN V. G&K MANAGEMENT CO. INC., ET AL.

    Apr 17, 2018 |  Santa Clara County

    This is a trip and fall case initiated by plaintiff Jenny Phan (“Plaintiff”) against defendants Santa Teresa Apartments and its manager G&K Management Co. Inc. (“G&K”) (collectively “Defendants”). According to the allegations of the first amended complaint (“FAC”), Defendants negligently maintained the pre...

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Recent Rulings by Hon. Peter H. Kirwan

  • TIM DEVINE V. SCAYL, INC. A/K/A NEXO, ET AL.

    Jan 23, 2020 |  Santa Clara County

    Defendant Stephen Douty’s Motion for Summary Judgement or, in the Alternative, Summary Adjudication

    Factual and Procedural Background

    Plaintiff Tim Devine (“Devine”) is an accomplished and well-respected music executive, entrepreneur, and technology worker. (Complaint, ¶1.)

    In or ar...

  • ANTHONY K. MOROYAN V. ARAM VARDANYAN, ET AL.

    Jul 17, 2018 |  Santa Clara County

    Motion to Quash Service of Plaintiff’s Summons and Complaint

    On March 29, 2017, plaintiff Anthony K. Moroyan (“Plaintiff”) filed a complaint against defendant Aram Vardanyan (“Defendant”) asserting a cause of action for malicious prosecution.

    On May 10, 2018, Defendant filed the motion now ...

  • LANI CHUN V. MICHAEL YUM AKA KYUNG HAN YUM, ET AL.

    Jul 12, 2018 |  Santa Clara County

    Defendant Eugene S. Fu[’s] Demurrer to 2nd Amended Unverified Complaint

    Until August 19, 2014, plaintiff Lani Chun (“Chun”), a 70-year old woman, was the owner of a duplex property located at 5757-5759 Preston Drive in San Jose. (Second Amended Complaint ("SAC"), ¶1.) In or about early June 2013, d...

  • ROBERT J. MEMBRENO V. FREEPORT MCMORAN RESOURCE PARTNERS, ET AL.

    Jul 10, 2018 |  Santa Clara County

    alendar Line 3

    alendar Lines 5

    Motion of Defendants to Compel Plaintiff’s Further Discovery Responses and Plaintiff’s Deposition

    Factual and Procedural Background

    This is a breach of contract action brought by plaintiff Robert J. Membreno, Trustee of the Sai Trust (“Plaintif...

  • DAVBERTA, INC., ET AL. V. SPINNERET ACQUISITIONS, LLC, ET AL.

    Jul 05, 2018 |  Santa Clara County

    alendar Line 3

    alendar Lines 4 – 5

    (1) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Form Interrogatories-General, Set One (1) and for Sanctions

    (2) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Request for Production...

  • CALIFORNIA SPINE AND NEUROSURGERY INSTITUTE DBA SAN JOSE NEUROSPINE V. DELTA

    Jun 28, 2018 |  Santa Clara County

    alendar Line 3

    alendar Line 4

    alendar Line 5

    Health Systems, et al.

    Defendant Anthem UM Services, Inc.’s Demurrer to Plaintiff’s Complaint

    Factual and Procedural Background

    Plaintiff California Spine and Neurosurgery Institute dba San Jose Neurospine (“CSNI”)...

  • MARTEK, INC. V. COMPLETE PROBE SOLUTIONS, INC., ET AL.

    Jun 28, 2018 |  Santa Clara County

    alendar Line 8

    alendar Line 9

    Defendant Complete Probe Solutions, Inc.’s Motion to Compel Further Responses to Requests for Production, Set One

    Factual and Procedural Background

    Defendant Complete Probe Solutions, Inc. (“CPSI”) and FormFactor, Inc. (“FormFactor”) entered int...

  • MAVERICKS CAPITAL LLC, ET AL. V. CESCA THERAPEUTICS, INC., ET AL.

    Jun 26, 2018 |  Santa Clara County

    Motion by Defendant Cesca Therapeutics, Inc. for Order Granting Summary Judgment

    Factual and Procedural Background

    On July 20, 2015, plaintiffs Mavericks Capital LLC and Mavericks Capital Securities LLC (collectively, “Mavericks”) and defendant Cesca Therapeutics, Inc. (“Cesca”) entered int...

  • NICK RUBINO V. MAPFRE INSURANCE, ET AL.

    Jun 26, 2018 |  Santa Clara County

    alendar Line 3

    Defendant MAPFRE Insurance Company’s Demurrer to Plaintiff’s First Amended Complaint

    Factual and Procedural Background

    In relevant part, plaintiff Nick Rubino (“Rubino”) alleges he obtained insurance from defendant MAPFRE Insurance Company (erroneously sued herein as ...

  • REZA MALEK, M.D. V. STRATEGIC HEALTHCARE ASSOCIATES, LLC, ET AL.

    Jun 21, 2018 |  Santa Clara County

    , 6

    This action brought by plaintiff Reza Malek, M.D. (“Plaintiff”) arises from the failure of defendants Strategic Healthcare Associates, LLC (“Strategic”) and the company’s manager, Allan Mercer (“Mercer”), to provide him with company information under Corporations Code section 17704.10 (“Section...

  • MARC BESSE, ET AL. V. INSIGHTEC, LTD, ET AL.

    Jun 21, 2018 |  Santa Clara County

    alendar Line 3

    I. Background

    This is a products liability and negligence action filed by plaintiffs Marc Besse (“Besse”) and Kristen Besse (collectively “Plaintiffs”) against defendants Insightec, Ltd. and Insightec, Inc. (collectively “Insightec”), the manufacturers of gel pads used in med...

  • MARGUERITE RUTH EDWARDS V. AARGON AGENCY, INC., DBA AARGON COLLECTION

    Jun 14, 2018 |  Santa Clara County

    alendar Line 6

    alendar Line 7

    Agency, et al.

    Motion to Compel Completed Case Questionnaire from Defendant, Aargon Agency, Inc., and for Monetary Sanctions

    Factual and Procedural Background

    Plaintiff Marguerite Ruth Edwards (“Edwards”) incurred a financial obligation,...

  • DAVID HERNANDEZ V. DYNAMIC INTEGRATED SOLUTIONS, LLC, ET AL.

    Jun 07, 2018 |  Santa Clara County

    alendar Line 3

    Motion for Summary Judgment of Defendants Dynamic Integrated Solutions, LLC; LD Odyssey, LLC; and David Diep

    On or about April 19, 2016, plaintiff David Hernandez (“Hernandez”), while in the course and scope of his employment with defendant Dynamic Integrated Solutions, LLC (...

  • MICHELLE WU V. WALNUT MEDIA NETWORK, INC., ET AL.

    Jun 05, 2018 |  Santa Clara County

    alendar Line 3

    Defendants’ Demurrer to Plaintiff’s Complaint

    Factual and Procedural Background

    On or around May 2008, defendant David Ji (“Ji’), defendant Shoa-Kai Liu (“Liu”), and plaintiff Michelle Wu (“Wu”) founded defendant Walnut Media Network, Inc. (“WMN”). (Complaint, ¶16.) T...

  • ALI HEIDARI V. NORTH AMERICAN CAPACITY INSURANCE, ET AL.

    May 29, 2018 |  Santa Clara County

    alendar Line Nos. 6-7

    Motions for Summary Judgment, or the Alternative, Summary Adjudication to the Complaint by Defendants North American Capacity Insurance Company and Golden Bear Insurance Company

    Factual and Procedural Background

    This action initiated by plaintiff Ali Heidari (“...

  • TRUONG D. NGO V. OCWEN LOAN SERVICING, LLC, ET AL.

    May 29, 2018 |  Santa Clara County

    This action arises out of an unsuccessful attempt by Plaintiff Truong Ngo (“Plaintiff”) to enter into a loan modification agreement with Defendant Ocwen Loan Servicing, LLC (“Ocwen”), Plaintiff’s prior loan servicer. Plaintiff’s operative complaint filed January 3, 2018 states claims for 1) Breach of Contr...

  • CASTLEPOINT NATIONAL INSURANCE COMPANY V. TLC OF THE BAY AREA INC., ET AL.

    May 24, 2018 |  Santa Clara County

    alendar Line 3

    alendar Line 5

    Motion of Plaintiff Castlepoint National Insurance Company for Order Compelling Defendant TLC of the Bay Area Inc. and dba Valley House Rehabilitation Center to Serve Further Written Responses to Demand for Inspection of Documents, Tangible Things, Land or Othe...

  • TECH EYES, INC. V. GOOGLE LLC

    May 22, 2018 |  Santa Clara County

    alendar Line 3

    I. Background

    This action arises from a dispute over the suspension of a Google AdWords account. The pleading at issue is the Third Amended Complaint (“TAC”) filed by plaintiff Tech Eyes, Inc. (“Plaintiff”), through its Chapter 7 bankruptcy trustee, against Google LLC (“Defen...

  • DAVBERTA, INC., ET AL. V. SPINNERET ACQUISITIONS, LLC, ET AL.

    May 15, 2018 |  Santa Clara County

    alendar Line 3

    alendar Lines 4 – 5

    (1) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Form Interrogatories-General, Set One (1) and for Sanctions

    (2) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Request for Production...

  • DAVBERTA, INC., ET AL. V. SPINNERET ACQUISITIONS, LLC, ET AL.

    May 10, 2018 |  Santa Clara County

    alendar Line 3

    alendar Lines 4 – 5

    (1) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Form Interrogatories-General, Set One (1) and for Sanctions

    (2) Plaintiffs’ Motion to Compel Defendant T. David McKee’s Discovery Responses to Request for Production...

  • AMCO INSURANCE COMPANY V. BROAN-NUTONE LLC, ET AL.

    May 03, 2018 |  Santa Clara County

    Motion by Plaintiff AMCO Insurance Company to Compel Further Responses to First Request for Production of Documents and the Production of the Documents Requested and Request for Sanctions Against Defendant Broan-Nutone LLC and its Attorneys Haight Brown & Bonesteel LLP in the Amount of $8,560.00

    Fa...

  • SHERRY SEITZINGER AKA SHERRY ROSS V. RICHARD M. LADDEN

    May 01, 2018 |  Santa Clara County

    alendar Line 3

    alendar Line 4

    Motion to Compel Verified Responses or in the Alternative to Compel Further Responses to Form and Special Interrogatories and Requests for Admission; for an Order that all Objections have been Waived and that Requests for Admission be Deemed Admitted and for Sa...

  • SAFEWAY, INC. V. CPT CREEK CENTRAL, LLC

    Apr 19, 2018 |  Santa Clara County

    BACKGROUND

    This action arises out of a landlord-tenant dispute regarding use restrictions and prospective tenants at a commercial property. According to the allegations of the operative cross-complaint (“Cross-Complaint”), in April 1, 1994, plaintiff/cross-complainant Safeway, Inc. (“Safeway”) and ...

  • PHAN V. G&K MANAGEMENT CO. INC., ET AL.

    Apr 17, 2018 |  Santa Clara County

    This is a trip and fall case initiated by plaintiff Jenny Phan (“Plaintiff”) against defendants Santa Teresa Apartments and its manager G&K Management Co. Inc. (“G&K”) (collectively “Defendants”). According to the allegations of the first amended complaint (“FAC”), Defendants negligently maintained the pre...

  • See More Results

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