Posted in Food
Last updated 07/02/2010 at 11:00 a.m. PDT

Ike’s Place Faces Eviction Tuesday

Sudden legal maneuvers might outflank owner Ike Shehadeh

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By on June 28, 2010 - 6:53 a.m. PDT
Scott James
Ike's popularity swells

A decision on the fate of popular San Francisco sandwich shop Ike’s Place could come as early as this week – much sooner than anyone expected, especially those who run the eatery.

“Apparently, some underhanded stuff is going on,” said restaurant owner Ike Shehadeh.

Shehadeh said a court ruling that could close the restaurant has suddenly been set for this Tuesday at 9:30 a.m.

For weeks the future of Ike’s has been in limbo after the building’s landlord, Dennis Drobisch, began eviction proceedings because four upstairs neighbors complained about the huge crowds the shop attracts.

Two weeks ago came word that the landlord might try to evict Daimaru Sushi at the same location on 16th Street in the Castro. Ike’s occupies a subleased back room of the sushi restaurant, so if Daimaru is evicted, the sandwich shop would go too. Daimaru has had a long-term lease on the property, and both restaurants pay substantially below market rates for their rents.

“Daimaru's lease has been legally voided” in an unexpected “default judgment,” said Shehadeh. He said that on Tuesday the court is scheduled to hear a motion for a summary judgment against Ike’s. If the motion is granted, the eatery would close without ever getting the chance to mount a defense against the eviction.

Just last week Ike’s started a campaign to gather community support for its upcoming legal challenges. Within the first day, Shehadeh said, he’d received 400 emails.

The upstairs neighbors have complained that the foodie fans who flock to the sandwich shop have been disruptive, but Shehadeh was prepared to show in court that the drama has been exaggerated. At one point two of the neighbors sought $800,000 in compensation to settle the matter.

“If this motion is granted, Ike's Place would not get a chance to defend itself in court,” said Shehadeh, and “would most likely have to close within two weeks.” He said there is no other appropriate location nearby that he could immediately move into.

Ike’s employs 53 people in San Francisco, and most are expected to lose their jobs if it closes.

In the meantime, other communities in the Bay Area are welcoming Ike’s and its preternatural success. A second Ike’s is thriving in Redwood Shores, and another is scheduled to open soon on the Stanford University campus.

Scott James
Scott is a columnist for The Bay Citizen and The New York Times. He has been telling the stories of San Francisco and the Bay Area for nearly 15 years. He founded the underground ezine ... View Profile
Howard Hawks
Howard Hawks
wrote on 06/28/2010 at 10:00 a.m. PDT

Ike is lucky that Scott James is reporting all the legal shenanigans taking place these last several months. It doesn't seem right that tenants who rent above an eating establishment can have said establishment shut down when it becomes successful. I mean isn't success the goal for any business? My question is where are those 53 people going to go when the lose their jobs. I hope Ike prevails. Thank you Scott James for telling this story.

David Wood
David Wood
wrote on 06/28/2010 at 2:09 p.m. PDT

I have only seen the crowds on the sidewalk around Ike's during the day and it is overwhelmingly loud if nothing else. If it's open at night it must be even worse. The fact that it's in a sublease in a back room of the sushi restaurant makes it even more amazing. Is this legal? Just because someone wants to make money does not trump someone else's right to peace and quiet in their own homes. Besides, are the sandwichs really worth that ridiculous wait?

julia gilden
julia gilden
wrote on 06/28/2010 at 2:43 p.m. PDT

David, Ike's closes at 7, so noise at night is not an issue.

John a
John a
wrote on 06/28/2010 at 4:40 p.m. PDT

His Facebook pages says the hours are 10 AM - 9 PM, 7 days a week.

David Wood
David Wood
wrote on 06/28/2010 at 5:18 p.m. PDT

Thanks John! Sometimes a selfish interest in a sandwich can be blinding.

David Wood
David Wood
wrote on 06/28/2010 at 5:51 p.m. PDT
John a
John a
wrote on 06/29/2010 at 2:20 p.m. PDT

so it does, and http://ilikeikesplace.com/ says Ike's closes at 7 PM, too.

(Maybe he used to be open until 9, but then the hours were shortened/revised when this legal stiuation started...?)

John a
John a
wrote on 06/29/2010 at 2:22 p.m. PDT

This just in, I called them and one "Rob" said they close at 9 PM tonight.

Scott James
Scott James
wrote on 06/28/2010 at 10:18 p.m. PDT

For those who would like to attend the hearing, it is scheduled for Tuesday, June 29, at 9:30 a.m. at 400 McAllister, Room 301. I am planning to be there.

George Calys
George Calys
wrote on 06/29/2010 at 10:30 a.m. PDT

So the only two options are more noise than the residents can handle or closing the place down? I'm surprised that will all the smart people in SF, that no one can come up with a workable compromise that helps everyone.

Scott James
Scott James
wrote on 06/29/2010 at 4:43 p.m. PDT

UPDATE: I went to the hearing today, and the motion for a summary judgment against Ike's failed. But the hearing got the two sides talking to one another.

Details:
http://www.baycitizen.org/food/story/ikes-dodges-eviction-now/

GalPal
GalPal
wrote on 07/02/2010 at 11:00 a.m. PDT

This is insane. Aren't we supposed to be supporting local businesses? I've walked by Ike's many times. I know I don't live above it, but I've never seen/ or heard anything but people waiting patiently.

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