{"id":58,"date":"2015-07-21T14:18:11","date_gmt":"2015-07-21T18:18:11","guid":{"rendered":"http:\/\/blogs.duanemorris.com\/thelegaldish\/?p=58"},"modified":"2020-08-04T16:47:51","modified_gmt":"2020-08-04T20:47:51","slug":"waterfront-restaurant-fights-for-its-life-in-court","status":"publish","type":"post","link":"https:\/\/blogs.duanemorris.com\/thelegaldish\/2015\/07\/21\/waterfront-restaurant-fights-for-its-life-in-court\/","title":{"rendered":"Waterfront Restaurant Fights For Its Life in Court"},"content":{"rendered":"

By Constantine Mittendorf<\/strong><\/em><\/p>\n

\"Sinbads<\/a><\/p>\n

Sinbad\u2019s sits on a pier next to San Francisco\u2019s historic Ferry Building.\u00a0 With a dining room view from the Bay Bridge to Treasure Island, Sinbad\u2019s has been a classic San Francisco establishment for locals and tourists alike for 40 years.\u00a0 Through booms and busts, Sinbad\u2019s has held a lease with the San Francisco Port Authority.\u00a0 Now it looks like San Francisco\u2019s booming economy might be the restaurant\u2019s downfall.<\/p>\n

In part due to increased demand, the San Francisco Port Authority has decided to expand ferry service to San Francisco around the Ferry Building.\u00a0 According to the City, Sinbad\u2019s restaurant is the best location for a new ferry landing.\u00a0 This means the restaurant has to go.\u00a0 The Port Authority sent Sinbad\u2019s a notice terminating its lease earlier this year and Sinbad\u2019s has refused to go quietly.<\/p>\n

In fact, Sinbad\u2019s filed a lawsuit against the City in March, alleging that the City has been acting in bad faith and asking the court to enjoin the City from closing the restaurant down.\u00a0 The City filed an eviction lawsuit in April alleging that Sinbad\u2019s lease has expired and demanding unpaid rent, followed by a cross complaint against Sinbad\u2019s for breach of contract.\u00a0 The City\u2019s eviction case is scheduled for a jury trial next week, followed by Sinbad\u2019s case against the City.<\/p>\n

The Joint Statement of the Case in the pending eviction matter reads as follows:<\/p>\n

\u201cThis is an unlawful detainer [eviction] lawsuit involving the Port of San Francisco as landlord\/lessor and Sinbad\u2019s Pier 2, Inc. as tenant\/lessee.\u00a0 The Port contends that it lawfully and properly terminated the parties\u2019 lease by causing a 30-day notice to be delivered to Sinbad\u2019s.\u00a0 Sinbad’s claims that the termination notice was issued to retaliate against it for exercising its constitutional right to petition a governmental agency<\/em>.\u201d<\/p>\n

According to San Francisco County Superior Court records, Sinbad\u2019s is no stranger to the Court process.\u00a0 It has been in and out of the San Francisco court system since the 1980\u2019s both as a plaintiff and a defendant \u2013 mainly for small claims actions with suppliers, utilities, the tax collector, personal injury actions, and even as a plaintiff against Yelp, the online review giant.\u00a0 Now it\u2019s in a court battle for its very existence.<\/p>\n

As of today, the jury has been empanelled and the opening statements are calendared for this Monday, July 27th<\/sup>.\u00a0 We will keep you updated about this restaurant real estate battle.<\/p>\n","protected":false},"excerpt":{"rendered":"

By Constantine Mittendorf Sinbad\u2019s sits on a pier next to San Francisco\u2019s historic Ferry Building.\u00a0 With a dining room view from the Bay Bridge to Treasure Island, Sinbad\u2019s has been a classic San Francisco establishment for locals and tourists alike for 40 years.\u00a0 Through booms and busts, Sinbad\u2019s has held a lease with the San … <\/p>\n

Continue reading “Waterfront Restaurant Fights For Its Life in Court”<\/span><\/a><\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[42,45,13,38,41,39,37,44,43,40],"ppma_author":[201],"class_list":["post-58","post","type-post","status-publish","format-standard","hentry","category-general","tag-bad-faith","tag-breach-of-contract","tag-constantine-mittendorf","tag-eviction","tag-jury-trial","tag-real-estate","tag-restaurant","tag-san-francisco","tag-sinbads","tag-unlawful-detainer"],"authors":[{"term_id":201,"user_id":6,"is_guest":0,"slug":"duanemorris3","display_name":"Duane Morris","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/843ff6e7a8fe5fc92109b47a45f34b6cf0ea499e6e788db23456c838b0ae6747?s=96&d=blank&r=g","0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/posts\/58","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/comments?post=58"}],"version-history":[{"count":0,"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/posts\/58\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/media?parent=58"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/categories?post=58"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/tags?post=58"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/thelegaldish\/wp-json\/wp\/v2\/ppma_author?post=58"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}