Old 10-14-25 | 12:10 PM
  #22  
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bikingshearer
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From: Democratic Peoples' Republic of Berkeley

Bikes: 1967 Paramount; 1982-ish Ron Cooper; 1978 Eisentraut "A"; two mid-1960s Cinelli Speciale Corsas; and others in various stages of non-rideability.

And in further news on the legal front:
1) The trial do determine whether the Hole-in-the-Wall easement will be permanent (i.e. the path stays open in perpetuity) is now set for August 24, 2026. It will be a bench trial (no jury, the judge decides, which is standard in quiet title cases like this one) and the parties are estimating the trial will last 15 court days (three weeks). Because of that three week estimate, there is a decent chance that that date will get pushed back.
2) The good guys (meaning the team that has gotten the path reopened for now) have filed a motion with the court seeking to recover just under $60,000 in costs and attorney fees from the bad guys for bad faith litigation tactics. The argument, in a nutshell, is that the bad guys claim to be valid parties to the dispute when case law, statutory law and a prior court decision say they are not. (Remember, that is the good guys' argument - the bad guys get to oppose the motion and tell their side of the story.) The hearing is set for December 10, 2025 at 9:00 am in front of the same judge who is currently set to conduct the trial. The bad guys' opposing papers will be due two weeks or so before that.

I also note that the judge who will conduct the trial and hear the motion for sanctions is the same judge who issued the preliminary injunction this past July (opening the Hole-in-the-Wall) and who has denied the bad guys' efforts since then to stay enforcement of the preliminary injunction. While no guarantee of anything, this bodes well for the good guys and not so well for the bad guys.

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