Temporary reprieve for Narsi's

<p>A judge Monday blocked Coddingtown Mall from evicting Narsi's Hof Brau until the popular restaurant's owners can ask another judge to allow it to stay open pending an appeal. </p><p>Sonoma County Superior Court Judge Mark Tansil granted an emergency request from restaurant owner Narsi Samii to halt the execution of a court order granted last week allowing the mall's owners to evict the mom-and-pop restaurant. </p><p>Samii and his wife Dounia embraced in the hallway outside the courtroom after learning of their temporary reprieve. </p><p>“Santa Rosa doesn't want to see this restaurant destroyed,” Narsi Samii said. </p><p>The development was the latest round in the two-year legal struggle by the mall to oust Narsi's, which it claims has failed to meet the minimum revenue levels of its lease. Samii contends the mall's owners have seized on an obscure lease provision as a pretext to kick him out to make way for a chain restaurant. </p><p>Samii's new attorney, Peter Goldstone, convinced Tansil to override the eviction order until the end of the month. Absent such an order, the restaurant could have been evicted at any time with five days' notice, Goldstone said. </p><p>The order gives Samii time to ask the judge who heard the eviction case over the summer, Dean Beaupre, to allow the restaurant to say open during his appeal, Goldstone said.</p><p>William Goines, attorney for mall co-owner Simon Property Group, said he urged Tansil to let the eviction proceed. </p><p>“We argued that this has gone on a long time,” Goines said. </p><p>But Samii has a legitimate chance on appeal, Goldstone said. Allowing the mall to kick him out would irreparably harm his business and make a victory on appeal moot, Goldstone said. </p><p>Samii, who says he's nearly broke from his legal tussle with the nation's largest mall owner, said he doesn't want to spend the money to take his case to the state Court of Appeal in San Francisco, but will. </p><p>He'd rather sit down and work it out. He now hopes Codding Enterprises, which developed the mall and retains a 50 percent stake in it, will step forward and help him relocate. </p><p>That seems unlikely. Last week, Codding Enterprises issued a statement saying it appreciates Narsi's dedication to his business and the mall, and wished things had turned out differently. </p><p>“The intent was to relocate Narsi within the mall, however Narsi's decisions to reject all of the numerous and generous offers extended to him by Codding and Simon ultimately dictated the outcome,” the company said. “Both Codding and Simon wish him and his family success in their future endeavors. We extend our condolences to them and our customers for the adversity and misfortune of the situation.” </p><p>Goldstone, the third attorney to handle the case, said a fresh round of motions, followed by oral argument on the matter, will probably take weeks.</p><p>“We have a lot of work in front of us,” he said.</p>