Judge Peter E. Borkon

Judge Peter E. Borkon is a relatively new addition to the Alameda County Superior Court, having been appointed by Governor Gavin Newsom in November 2021 and sworn in February 2022. His appointment reflects the Newsom administration's commitment to diversifying the bench, and Judge Borkon brings a distinctly plaintiffs-side civil litigation background that sets him apart from many of his colleagues who came from defense firms or government practice. His entire pre-bench career — spanning roughly 15 years — was spent at prominent plaintiffs-side class action and complex civil litigation firms: Schubert & Reed LLP, Hagens Berman Sobol Shapiro LLP (where he rose to Partner), and Bleichmar Fonti & Auld LLP (where he was also a Partner at the time of his appointment). This means Judge Borkon has deep, hands-on experience with complex civil litigation mechanics, class certification standards, discovery disputes, and damages theories from the perspective of plaintiffs' counsel. Because no ruling analyses, attorney observations, or ingested content are currently available, direct behavioral patterns cannot be confirmed. However, his career trajectory strongly suggests familiarity with procedural complexity, a comfort with large evidentiary records, and an intuitive understanding of how plaintiffs build and present cases. Attorneys on both sides should anticipate a judge who is unlikely to be impressed by boilerplate defense arguments that dismiss plaintiffs' theories out of hand, given that he spent his career constructing exactly those theories. At the same time, his elevation to the bench typically brings a commitment to neutrality, and his plaintiffs-side background does not guarantee plaintiff-favorable outcomes — it does, however, suggest he will scrutinize defense arguments with a sophisticated and skeptical eye. His assignment at the Hayward Hall of Justice places him in a busy general jurisdiction court serving a diverse community, likely handling a broad civil and criminal docket.

Given Judge Borkon's extensive background in plaintiffs-side complex civil litigation — particularly class actions and large-scale commercial disputes at nationally recognized firms — attorneys appearing before him should prioritize substantive depth over procedural gamesmanship. He has likely seen every delay tactic, every boilerplate demurrer, and every discovery obstruction strategy from the other side of the table, which means defense counsel in particular should avoid formulaic opposition papers and instead engage directly with the merits. Plaintiffs' counsel should not assume a sympathetic ear simply because of his background; new judges frequently overcorrect toward perceived neutrality, and overconfidence could be costly. For motion practice, attorneys should expect that Judge Borkon will read the papers carefully and may arrive at hearings with pointed questions. Thorough, well-organized briefs with clear factual records and precise legal citations will serve counsel well. Avoid burying key arguments in footnotes or relying on string citations without explanation. Given his class action background, if your matter involves any aggregate or representative claims, be prepared for sophisticated questioning on numerosity, commonality, typicality, and damages methodology — he will not need a primer. In terms of courtroom demeanor, Judge Borkon is a relatively new judge still establishing his courtroom culture. Attorneys who treat him with genuine respect — neither over-deferring nor underestimating his preparation — are likely to make the best impression. Being concise, direct, and candid about weaknesses in your case will likely resonate more than advocacy that glosses over problems.

• critical

  Research Current Tentative Ruling Practices

  Confirm whether Judge Borkon issues tentative rulings before hearings and through what system (e.g., Alameda County's online portal). As a newer judge, his practices may differ from longer-tenured colleagues. Contact the clerk's office or check the court's website before any motion hearing.

• critical

  Prepare for Substantive Oral Argument

  Given his litigation background, Judge Borkon is likely to engage actively during hearings rather than simply adopt submitted papers. Prepare to argue the merits, respond to hypotheticals, and address weaknesses in your position directly. Do not plan to simply submit on the papers.

• critical

  Craft Thorough, Well-Organized Briefs

  A judge with 15 years of complex litigation experience will read briefs carefully. Ensure your papers have clear headings, precise citations, and a logical factual narrative. Avoid padding with irrelevant case law or burying key arguments in footnotes.

• important

  Anticipate Class Action and Aggregate Harm Questions

  If your matter involves any representative, class, or aggregate claims, prepare for sophisticated questioning on certification standards, manageability, and damages methodology. Judge Borkon will not need basic instruction on these concepts.

• important

  Review Alameda County Local Rules for Hayward Department

  Confirm the specific local rules, standing orders, and any department-specific requirements for Judge Borkon's courtroom at the Hayward Hall of Justice. New judges sometimes issue standing orders that differ from court-wide defaults.

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  Monitor Emerging Ruling Record

  As Judge Borkon accumulates more rulings, monitor Trellis, CourtListener, and Alameda County's public docket for patterns in how he rules on demurrers, discovery disputes, and summary judgment motions. Early rulings will be highly informative.

• ›Arrive early and be fully prepared — as a newer judge, Judge Borkon is likely to run a tight, professional courtroom and will notice counsel who appear disorganized or unprepared.
• ›Address the judge as 'Your Honor' consistently and avoid overly casual or familiar tones, even if proceedings feel informal; he is still establishing his courtroom culture and professional respect matters.
• ›Do not attempt to educate Judge Borkon on basic complex litigation concepts — his background at major plaintiffs' firms means he is deeply familiar with class action mechanics, discovery strategy, and damages theory; condescension will undermine your credibility.
• ›Be concise and direct when answering questions from the bench; avoid evasive or non-responsive answers, as a former litigator will recognize and be frustrated by deflection.
• ›If you do not know the answer to a question, say so and offer to provide supplemental briefing rather than speculating — intellectual honesty is likely to resonate with a judge who spent years building evidentiary records.
• ›Confirm courtroom technology and presentation protocols with the clerk in advance, particularly for any evidentiary hearings or trials, as practices at the Hayward Hall of Justice may differ from other Alameda County courthouses.