A three-judge panel on Wednesday took under submission an appeal of a trial court ruling that UC San Diego was within its rights to order the student-run Ché Café to close its doors.
UCSD filed suit after the student collective refused to vacate the 1940s-era building on the La Jolla campus.
A year ago, Superior Court Judge Katherine Bacal ruled in favor of UCSD.
Before Wednesday’s hearing, the appeals panel tentatively upheld Bacal’s decision. A final ruling is expected in a matter of weeks.
Bryan Pease, the attorney for the Ché Café, said students from the collective are currently involved in talks with the university to keep the cafe in place.
“We’re hopeful that regardless of the outcome (of the appeal), the students and the members of the collective will be able to negotiate keeping the collective in its space on the campus,” Pease said.
Much of the trial last year centered around a 2008 lease between UCSD and the collective.
The lease for the vegan cafe that featured murals and live music didn’t renew in 2008, and it had been operating on a month-to-month extension.
The Graduate Students Association voted to decertify the cafe in June 2014 and asked the university to terminate the lease.
UCSD responded by sending the cafe a 30-day eviction notice.
Pease argued that the decertification vote was held without proper notice and done in the summer when few students were on campus.
The attorney said the university has the power to terminate the lease on 30 days notice if a proper dispute resolution hearing was held. He said Che Cafe is still holding concerts but is not serving food because the university has not updated kitchen facilities.
— City News Service
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