Easement Update: May 9, 2025
"My approach is to let the courts determine this Easement dispute and since I am the plaintiff, I am purposely avoiding rumors and unhelpful rhetoric.
We had hoped to have a ruling on the Renewed Motion for Preliminary Injunction last month but the Court indicated it would need more time to rule on the Motion and the Intervenors also filed a last-minute Motion that needed to play out. The Intervenors’ Motion attempted to force a consolidation of the original 2017 Robert Tiernan case with our 2023 case, and was denied by Judge Douglas. That leaves us with a Judge Reyes hearing date of July 23rd on our Renewed Injunction request.
Meanwhile, after settlements with both Wooten and US Bank in the 2023 case (which will lead to their dismissals soon), DeEtte Sipos will be all alone as the sole remaining defendant. This is very important because she is the only one who can reopen the Easement short of a Court ruling in July. She is also wholly responsible for the blockage of a public trail Easement since her purchase of the property over a full year ago in January 2024.
Finally, I want to remind everyone that a ruling on the preliminary injunction will not in any way impact our ultimate goal of quieting title to the 1979 dedicated public 25-foot riding and hiking easement. We are confident that our 60 Declarations, almost 30 from early Easement users, have met the legal burden of perfecting the Easement. This will play itself out at trial and we are confident we will prevail. The injunction is only a way to get the Easement reopened by Court order prior to trial.
I believe that public safety in the Scenic corridor has been eroded by Ms. Sipos continuing to block Easement use. While Ms. Sipos can immediately remove the last section of metal fence blocking the Easement, she has so far chosen to accept the consequences of continued blockage pending the July 23rd Court ruling.
Thanks for your patience,
Dave Hammond"
Easement Update - December 9, 2024: "Today we filed our new brief asking for a Preliminary Injunction to Reopen the Easement in Contra Costa County Superior Court (Hearing on Motion: April 2, 2025.) "It is a sad reality when a small group in Diablo can force Easement users and supporters to spend a half a million dollars to protect something that has been in widespread public use for over 100 years." "We will not be bullied into silence on an issue like public safety and public rights. A great big thank you to all 60 Declarants.....we will win this battle (Dave Hammond)."
Legal Documents are posted below:
