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Daiquiri Factory owner loses appeal of eviction

Fri., July 4, 2014, midnight

The owner of a controversial bar that closed last month after it was evicted lost an appeal on Thursday to reopen the downtown business.

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

FPA Crescent, the Dairquiri Factory’s landlord, still is seeking attorney costs and other damages. Through its lawsuit, FPA Crescent is still on track for a jury trial. Tompkins said jurors may decide a breach of the lease did not occur and allow the bar to return.

Pendleton was evicted after he failed to come up with a court-ordered $30,000 to keep the bar open while legal proceedings took place.

Pendleton argued 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 Pendleton’s property held in storage, according to attorneys.

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

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