Owner of Zina’s, planning commissioner in legal dispute

A business dispute between the owner of a La Cañada take-out and a property-owning city official has spilled into the courthouse, with accusations being leveled on both sides.

Sonia Race, owner of Zina’s Healthy Corner at 2242 Foothill Boulevard, claims City Planning Commissioner Arun Jain, who purchased the property in August, has taken advantage of his position with the city to drive her out of a lease she says won’t end until 2019.

She and her attorney, Anntim Vulchev, appeared at recent meetings of the La Cañada Flintridge City Council and the Planning Commission to speak about the matter, despite Jain’s insistent requests they not mix their private business dispute with his public persona.

“These last three months since Arun Jain bought the property have turned my life upside down,” Race said to the council Monday. “Please, if you can talk to Mr. Jain, tell him this is America. I made a contract with the prior landlord and I have the right to stay at my location.”

Jain — who stressed he was speaking only in his capacity as a landlord — says Race misrepresents herself as a hapless victim despite knowingly altering Zina’s from a food stand to a sit-down restaurant in violation of her lease agreement.

In addition, he claims the lease actually ends in 2016 but gives both sides a chance to extend it an additional three years.

Speaking Wednesday, he claimed Race damaged his reputation as planning commissioner, and potentially threatened future business he might build on or near the property. Zina’s is bordered by a former sushi restaurant to the west, which occupies the same parcel, and is flanked by that restaurant’s parking lot and another lot to the south.

“I’m the victim, actually,” he said. “You can make money. You can lose money. But it takes years to build a reputation. The wound she has inflicted [on] me by damaging my reputation cannot be rebuilt.

On Nov. 20, Jain’s attorney filed a suit seeking the termination of Race’s lease and financial damages he claims were sustained in the course of the dispute. Both sides are next due in Pasadena Superior Court Dec. 8.

At the center of the dispute are the modifications Race made to the establishment since the original lease was signed in January 2012.

According to a letter from La Cañada code enforcement, Race improperly covered three sides of the porch with decorative bamboo and vinyl, which created the appearance of an enclosed structure. She also added lighting and an air-conditioning unit to the kitchen area in violation of city codes, the documents state.

At one time, according to photographs provided by Jain, Race installed additional seating and decorations on the two parking spaces Zina’s was assigned in the lease and used parts of the south lot for storage. He said this created a liability for him as the property owner.

Race, in an interview, acknowledged that no city permits were sought for the additions, but said she thought she was operating under a conditional-use permit for outdoor dining acquired in 2008 by a previous tenant, the Dog House.

La Cañada code enforcer Vahe Massih, responding to a complaint, visited the property on Sept. 18 and issued a letter five days later highlighting corrective actions. He declined to say who made the complaint, citing privacy concerns.

Currently, Zina’s is operating as a take-out stand with no seating. Race said the changes have cost her a significant amount of business.

“They’re passing by because they think it’s closed,” she said. “It’s like I’m moving out or something.”

Massih said a visit from a county health inspector is all that remains to bring the location up to code. After that, Race can apply for a new outdoor dining permit but will have to get the property owner’s approval and appear before the Planning Commission.

“She could very well apply all over again and get a conditional-use permit,” he said. “But it is all dependent on the property owner’s OK.”

Race said Monday she would be willing to negotiate with Jain to find another Foothill Boulevard location in La Cañada, but would need the capital to make the move. Her chief desire, however, would be to stay put.

“I hope to stay here,” she said. “I love my place — for three years it has been my life.”

Jain said Wednesday he was not interested in a monetary transaction.

“My goal is simple — I want my peace. I don’t want the city to give me any trouble. I want her to stay and operate it the way the lease is,” he said. “If she stays as a take-out restaurant, she can stay there until 2016.”