Mall moves to evict Narsi's Hof Brau

Simon Properties Group, co-owner of Coddingtown Mall, is moving forward to evict Narsi's Hof Brau, setting up a likely court showdown over the fate of the venerable restaurant.

Simon officials said their Indianapolis-based company filed legal papers this week against owner Narsi Samii to begin the eviction process.

"We made very reasonable proposals to move Narsi to another space in the mall that would be suitable for his business. It is unfortunate that he chose not to respond to our proposal and instead initiated litigation on this matter, leaving us with very little choice on how to proceed," said Devon Foster, Simon spokeswoman at Coddingtown Mall.

The move was expected because the sides have held no settlement talks since early discussions last year about moving the restaurant to another part of the mall, said Stephen Beckwith, attorney for the popular restaurant.

"It's really Simon Properties' only option at this point to remove Narsi's from the mall," Beckwith said.

Samii said business is good and he will continue fighting eviction after 25 years in the mall.

"I'm not going to stand down. I have every right to stay here. I have a long-term lease," he said.

Simon, which is planning a multimillion-dollar upgrade of the 1960s era mall, canceled Narsi's lease in October, claiming the restaurant wasn't generating enough revenue. The notice gave the restaurant 30 days to vacate.

Narsi's challenged the move, filing suit contending Coddingtown's owners broke an agreement granting him a lease until 2015.

Samii won a preliminary injunction against the mall in November. But last month a judge ruled Simon was allowed to begin eviction proceedings.

The eviction notice, called an unlawful detainer, gives Samii 20 days to reply, after which a trial will probably be set to determine if the eviction is legal, Beckwith said.

Moving Narsi's to another mall location would avert a court fight, but the two sides appear far apart.

Before receiving Simon's notice last fall, Samii said he proposed taking over a space where other restaurants have failed, but Simon didn't respond.

After serving the notice, Simon offered to move Narsi's. But Samii said he would have to pay for any improvements and could be forced to move after six months.

"To me it wasn't an offer at all. It was not reasonable," he said.

Simon's offer remains on the table, and terms can be changed, Foster said. "A proposal is a negotiating tool. It's a starting point," she said.

Several Coddingtown tenants have already moved to other locations in the mall to make way for the renovations, Foster said.

Should he ultimately lose the fight to remain at Coddingtown, Samii said he has other Santa Rosa locations in his sights.

"My customers will follow me, but I don't want to leave empty-handed," he said.

Staff Writer Kevin McCallum contributed to this story. You can reach Staff Writer Michael Coit at 521-5470 or mike.coit@pressdemocrat.com.