Judge denies Daiquiri Factory owner’s latest appeal

THURSDAY, JULY 3, 2014, 12:34 P.M.

Controversial downtown bar will remain closed

A judge on Thursday denied the latest appeal from the owner of a controversial downtown Spokane bar to reopen his doors after an eviction.

Spokane Superior Court Judge Linda Tompkins denied Jamie Pendleton’s motions to restore the tenancy of his business, the Spokane Downtown Daiquiri Factory, on Wall Street. Tompkins upheld the orders that evicted Pendleton and his business last month that were issued following controversy over one of the bar’s drink names, “Date Grape Kool-Aid.”

The lawsuit, brought by Delaware-based landlord FPA Crescent, is still on track for a jury trial. At that time, Tompkins said, jurors may decide a breach of the lease occurred and restore tenancy to Pendleton. But the window for her action in the matter closed with the issuance of a writ of restitution June 11 and Pendleton’s failure to come up with the court-ordered $30,000 to keep the bar open while legal proceedings took place, she said.

“Certainly if there is no breach of the lease, then that may, in fact, require a global redetermination,” Tompkins said. “But we’re not there yet.”

Pendleton argues FPA Crescent did not follow the requirements of a landlord under state law in evicting the business, denying back rent paid in a pair of checks and failing to give the Daiquiri Factory adequate notice before beginning eviction procedures. FPA Crescent, through its attorney Todd Reuter, said Pendleton signed a lease that would enable the landlord to terminate the contract immediately if he were found in default on rent payments.

“We shouldn’t even be here,” Reuter said before delivering his argument Thursday.

Sheriff’s deputies assisted with the eviction of the Daiquiri Factory on June 23. It has remained closed since, with the property of Pendleton being held in storage, according to attorneys.

Pendleton faces other lawsuits in addition to the eviction proceedings, including a claim from Gonzaga University he stole trademarks in promotions for the bar during the NCAA Men’s Tournament. Gonzaga cited negative publicity from the flap over “Date Grape Kool-Aid” in its lawsuit demanding damages.

The next hearing in the civil lawsuit between FPA Crescent and the bar is scheduled for later this month.

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