Highway 36, Justin Zabel, Mercer Fraser, a quarry, access to a ranch road owned by the same family for six generations, GR Sundberg all featured in a David vs Goliath court showdown today.
It is the typical Humboldt situation where money, arrogance, entitlement and Mercer Fraser thought they would get their way. Fortunately, for David in this scenario; the lawyer representing them was victorious today.
This afternoon I was the only media in Courtroom 4 for an ex parte hearing and request for a temporary restraining order which was scheduled before Humboldt Assistant Presiding Judge Timothy Canning.
The case listed on the court calendar as Goat Rock Ranch, LLC vs Chalk Mountain Ranch LLC. also had Mercer Fraser listed as a party. Brandon Barnwell was not listed on the court calendar but is a party in this litigation.
Barnwell is represented by Harland Law Firm partner, Ms. Allison Jackson. Goat Rock Ranch LLC and Mercer Fraser are represented by Mr. Mark Harrison and Mr. Adam Guernsey from the Sacramento law firm Harrison, Temblador, Hungerford and Guernsey, LLP.
Ms. Jackson was in court today with Mr. Brandon Barnwell and Mrs. Barnwell. Mr. Harrison was in court today with Mercer Fraser VP Mark Benzinger.
This ex parte last minute filing was done yesterday by Mercer Fraser including the request for a temporary injunction, with less than 24 hours notice to Ms. Jackson. In court, she said she received the filings from Goat Rock Ranch LLC and Mercer Fraser in the afternoon.
I saw the case on calendar today and despite a very busy morning and day with other court coverage and news, looked up the case and took the time to include court documents. You can and should compare what attorneys said in court to what they filed. I can tell you that as Ms. Jackson was speaking, I could clearly remember it was also stated in what was filed by her on behalf of Chalk Mountain Ranch LLC and Brandon Barnwell.
Summary from court documents and live court coverage:
The prior owner of a quarry was given permission by Barnwell's father years ago to access a road on property owned by the Barnwell family. That agreement "expired around "2010 to 2012." Mercer Fraser later acquired a lease to that quarry. Mercer Fraser refused to enter into a written agreement with Barnwell. Mercer Fraser dug up the road according to Barnwell's declaration without permission. Mercer Fraser moved equipment on Barnwell's road. Mercer Fraser "stole 48 truckloads of dirt." All this was caught on camera. Mercer Fraser put tape over the camera. Barnwell locked the gate to the road. Told Mercer Fraser they are not allowed entry again.
While Judge Timothy Canning denied the TRO request, the battle isn't over. Mercer Fraser indicated their next step was to notice and file for a preliminary injunction.
I don't know of any local lawyer that has the guts to take on the good ole boys and say what Ms. Jackson did in court today.
Attorney arguments and Judge Canning's ruling:
Mr. Harrison:
Mr. Harrison told Judge Canning, "there was an agreement to go from Alderpoint to the quarry. We also make payments and owner has cashed those checks."
"We are not aware of a law to lock the gate," said Mr. Harrison. They say no irreparable harm. That the rock can be obtained from somewhere else."
Ms. Jackson:
"I just had a few hours to do these pleadings," Ms. Jackson told Judge Canning. "It is our position that the plaintiffs are abusing the ex parte process. They are concerned about their profit margin and paying contractors. Mercer Fraser is a large company. They have multiple places to get rock. Mercer Fraser is supplying rock. Their profit margin is not irreparable harm."
"We do not disagree plaintiff has been using the road," said Ms. Jackson. "Mercer Fraser acquired lease in 2022. They have always been subject to the gate. My clients attempted to memorialize the agreement. Temporary orders should not be issued. "
Ms. Jackson mentioned that Mercer Fraser claiming they are "taking a hit" to use another facility is not a reason for a TRO. In his remarks earlier, Mr. Harrison said there is another quarry 8 miles away and that was cumbersome to his client.
Ms. Jackson said Mercer Fraser put tape over the camera. "If the Court grants the temporary order, Mercer Fraser can do whatever they want. What can the owner do?"
Judge Canning asked Ms. Jackson, "Why didn't your clients come to the Court and get a temporary restraining order?"
In the court documents, Chalk Mountain Ranch went to the Humboldt County Sheriff's Office.
"For the same reasons," said Ms. Jackson. She was referring to her arguments why the plaintiffs should not have their TRO granted.
Ms. Jackson added, "Because it is much easier to get a criminal restraining order."
"Mercer Fraser is a big company. They know a lot of people in this County. This is typical bully behavior they are known for," said Ms. Jackson.
"My clients are not wealthy people," said Ms. Jackson.
After two rounds with Ms. Jackson, Mr. Harrison didn't even take Judge Canning up on having the final word.
"I appreciate the difficulty of the situation," said Judge Canning. "The Court is not persuaded that Mercer Fraser will suffer irreparable harm. Without admitting the merits of the dispute, the Court denies the request for the temporary order."
Court documents:
Plaintiff:
Defendants:
Chalk Mountain Ranch in Bridgeville has been owned by the Barnwell family for six generations.
From NorthCoast Regional Land Trust:
3,268 acres protected in 2010, 4,012 additional acres protected in 2012; a Six Rivers to the Sea property. The Barnwell Family has lived on Chalk Mountain Ranch, near the town of Bridgeville, CA for more than 125 years.
“Our primary goal is to keep the land that has been in our family for six generations. Keeping one’s land intact is becoming increasingly difficult these days. We want to keep Chalk Mountain a working ranch and timberland, as well as continue to offer recreational activities.” --Les Barnwell.
The Barnwells worked with the Land Trust to place a conservation easement on 7,280-acres of the ranch, located in the Larabee Creek watershed.
The first phase of the easement was completed at the beginning of 2010. This, and the subsequent 2012 easement on the Barnwell’s property, eliminated the potential for negative impacts caused by development, such as road sediment, water diversions and diesel pollution. The conservation easements also helped to protect clean drinking water for people living in the downstream communities of Fortuna and Ferndale.
From Biz Profile:
"Goat Rock Ranch LLC is a business entity based in McKinleyville, CA. Established recently on February 18, 2022, this Limited Liability Company is recognized under the document number 202205210618. Governed by the California Secretary of State, the company is listed in active status in state records.
The principal and mailing address of the company is situated at 2030 Gwin Road, Mckinleyville, CA 95519. This address serves as the central hub for the company's activities and communications.
Overseeing the operations and compliance of this Limited Liability Company is Justin Zabel, who serves as the registered agent. He is based at the same address as the company's principal address.
The company is led by a team of key individuals: Justin Zabel from Mckinleyville CA, holding the position of Manager; Justin Zabel from Mckinleyville CA, serving as the Chief Executive Officer."
I have covered Mercer Fraser lawsuits before. These are just some of the posts. None of these were reported by other local media.
