Sunday, November 15, 2015

[SDCPJ] Nov 18: Che Cafe Court Hearing for Appeal of Eviction Ruling - Call for Solidarity!

Dear Friends,

 
Please take time out to pack the courtroom and show solidarity.
 
The long-awaited hearing on our appeal of the October 2014 trial court ruling in the Che Café unlawful detainer (eviction) lawsuit is upon us.
 
November 18, 2015
2:30 pm
Appellate Division of the Superior Court, 220 West Broadway, San Diego, CA.

 

It's in the presiding department on 2nd floor. It's a big room by the elevators.

 

It will be before a three judge panel.

 

 

 

Although we negotiated a "suspension" of eviction enforcement action with the UCSD administration on July 15, 2015 and opened talks -- weekly meetings -- with them to resolve the conflict peacefully, the administration still has the legal "right" to complete the eviction process and has refused to ask the trial court to set aside the eviction ruling or, alternatively, has refused to negotiate a legal settlement out of court to resolve our appeal of that ruling. They are hanging on to the chance of winning the appeal. We all have to ask "why?"

 

 

 

 

WHAT IS AT STAKE?

1) If we win then the June 13, 2014 Notice of Termination of the Che Café lease will be nullified;

 

2) If we win then the 2006-2016 Master Space Agreement (MSA) lease will be reinstated;

 

3) If we win then the UCSD administration will be ordered to comply with the dispute resolution procedure contained in the MSA; ironically, the last step in that procedure (Chancellor Review) is similar to what we have been doing with the Che delegation meetings with the Chancellor and his administration since July 15, 2015;

 

4) If we win then the eviction ruling will be overturned and the eviction order posted on the Café in March 2015 will be nullified;

 

5) If we win then the court may order the UC Regents and UCSD administration to pay our legal expenses (over $20K, so far);

 

6) If we lose then it is unlikely that the UCSD administration will immediately change course and stop the positive negotiations we have had since July 2015 -- to resolve the dispute without an eviction confrontation and with the administration agreeing instead to pay for some or all building repairs and maintenance work -- but the administration would be on stronger legal ground if they changed their public position again and decided to push forward with eviction;

 

7) If we lose then both a trial court and an appellate court would have rubber-stamped a "right" of the UCSD administration to ARBITRARILY terminate a student coop lease. The long term ramifications for all four of the current student/worker-owned and operated coops* could include constant risk of eviction and no security of their place on the campus. Whether new protections against arbitrary eviction could be written into a new lease, and hold up in court, would be in question;

 

8) If we lose then we may have to depend even more than we have (which is substantial and impressive already) on direct action and public pressure to not only Save the Che Café, but to Protect All the Coops.

 

Che Café Support Network

mk

 

* The four current UCSD student/worker cooperatives are:

The Food Co-op

The General Store Co-op

Groundwork Bookstore

The Che Café

 

 

See background information on the UCSD admnistration's attack upon the Che Café and the Save the Save the Che Café Campaign at http://newindicator.com/wp/

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