Easement Legal Documents

“Whenever any Person Unlawfully Closes Any Public Trial,” “California Penal Code Section 420.1 & Civil Code Section 731.5” (See Below).  

PLEASE TAKE NOTICE that at 9:00 a.m. on January 17, 2024, or as soon thereafter as this matter may be heard in Department 21 of the above-entitled Court, located at 725 Court Street, Martinez, California 94553, Plaintiffs David Hammond and Hal Seibert (“Plaintiffs”) will and hereby do move for a Preliminary Injunction. (See Motion Below)…

Powerful Legal Complaint that Everyone Needs to Read and Share! “Plaintiffs seek a preliminary injunction to restore the status quo ante, and to preserve the public’s right to continue using a longstanding, well-established expressly dedicated easement (the “Easement”). (PDF below….) C23-02578 – MPA ISO motion for preliminary injunction

  C23-02578 – Declaration Of Alan Kalin ISO plaintiffs motion for preliminary injunction C23-02578- Declaration Of Bob Gorman ISO plaintiffs motion for preliminary injunction C23-02578 – Declaration Of Bonnie Powers ISO plaintiffs motion for preliminary injunction C23-02578 – Declaration Of Brian Kelly ISO plaintiffs motion for preliminary injunction C23-02578 – Declaration Of Brian Moore ISO…

Pursuant to California Evidence Code § 452 and California Rules of Court, Rule 3.1306(c) Plaintiffs David Hammond and Hal Seibert (“Plaintiffs”), request that the Court take judicial notice of the following matters: (PDF Exhibits below….) C23-02578 – Request for Judicial Notice Filed ISO motion for preliminary injunction

A “Lis Pendens”is a recorded notice on property that it is subject to a pending legal case (PDF below). C23-02578 – Amended Notice of Lis Pendens Filed

Additional detail regarding the relationship between this action and the 2017 Action is contained within the “Objection by Third Parties David Hammond and Hal Seibert to Proposed Stipulated Judgment Between Intervenors and U.S. Bank,” Read Doc below: C23-02578 – Notice of Related Case MSC17-02529

As shown in the original Objection, this Court has already received voluminous evidence that the public is benefitted by an easement on U.S. Bank’s property. That evidence was submitted in connection with then-Cross Complainant Winston Cervantes Opposition to the Intervenors’ Motion for Summary Judgment, and the Court acknowledged such evidence and determined that triable issues…

The proposed Stipulated Judgment between Intervenors and U.S. Bank purports to snuff out a public easement that has been in existence since at least 1979 (Read the Objection, PDF ). Curiously, the parties “stipulating” to the Judgment are: (1) U.S. Bank – the owner of the parcel burdened by the public easement; and (2) the…

STIPULATED JUDGEMENT Asserting that people riding bicycles on their “Private Roads” constituted a private nuisance and caused significant harm to them, and homeowners in Diablo, which has resulted in multiple injuries and property damage.   MSC17-02529 – Stipulation for Entry of Judgment

A Legal Complaint was filled on October 11, 2023 regarding the whole easement dispute.  We urge everyone to read the complaint below and share it with others who have an interest in seeing a 100-year-old public right of way protected. C23-02578 – Initial Complaint Filed