Legal Battle: "Take Down the Fence and Reopen the Path"
Go Fund Me Campaign to Restore Safe Access to Mount Diablo State Park
Go Fund Me Campaign to Restore Safe Access to Mount Diablo State Park! Please Donate to Reopen the Historic Easement! The legality of this fence is very much in question, so legal action is being taken in Contra Costa County Superior Court (Case No. C23-02578) to “Take Down the Fence and Reopen” this Dedicated…
The Prevailing Party Shall Be Entitled to Recover Reasonable Attorney’s Fees.
“Whenever any Person Unlawfully Closes Any Public Trial,” “California Penal Code Section 420.1 & Civil Code Section 731.5” (See Below).
Plaintiffs’ Amended Notice of Motion for Preliminary Injunction
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)…
Memorandum of Points and Authorities in Support of Plaintiffs’ Motion for Preliminary Injunction (Court Hearing on January 17, 2024)
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
Declarations (“48”) in Support of Plaintiff David Hammond 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…
Request for Judicial Notice in Support of Plaintiffs’ Motion for Preliminary Injunction (114 Pages of Exhibits)
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
Notice Pendency of Action (Lis Pendens) Makes it Difficult to Sell the Property
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
Photo History(1920 – 2023): The Road became a Path and Over Time a Easement to Mount Diablo State Park
Listen to David Birka-White (Attorney) Video: “Private Roads Subject to Public Use” & “Maintained by Public Tax Dollars”
On July 14, 2015, David Birka-White (Attorney), made a 10min presentation to the Diablo Community Services District: “Private Roads Subject to Public Use and Maintained by Public Tax Dollars.“