Dametra operators granted injunction against building owner, allowing them to stay open in Carmel.

Even in the often head-spinning world of litigation, it's a tricky case to unravel. But for fans of Dametra Cafe, a May 28 court ruling brings good news: A judge granted Dametra operators Bashar Al Sneeh and Faisal Nimri an injunction that allows them to keep running the business indefinitely. 

The legal dispute, however, is not likely to have ended there. 

Here's the basics:

Sneeh and Nimri say they own the restaurant, and that their lease expires in 2018. 

But one of the owners of the building, Constance Dudley, says the two men have always been just managers, not owners—and she has the business' use permit and a host of other documents to prove it.

Dudley says Sneeh and Nimri agreed April 25 to vacate the building by June 1 and enter into arbitration over who owns what with respect to Dametra's assets. 

Instead, just over a week later, Sneeh and Nimri filed for a temporary restraining order in Monterey County Superior Court to prevent Dudley from forcing their restaurant out of its Ocean Ave. location. 

Two days later, May 6, Hon. Judge Susan Matcham granted Sneeh and Nimri the TRO, which prevented a takeover of the restaurant by Dudley.

The Lincoln Trust, of which Dudley is the sole income-earning trustee, owns Dametra's building and had expressed a desire to bring in new management following a longstanding dispute over how much money Sneeh and Nimri should pay Dudley in rent. 

The wrinkle is, Sneeh and Nimri signed a lease with the trust in 2013 that was offered to them without Dudley's consent, and put together by other, more recent trustees—including Dudley's ex-husband—who later resigned. 

Dudley says she approached Sneeh and Nimri in June 2014 to tell them the lease wasn't valid, because it was signed before the other trustees had deed to the property. 

The dispute has dragged on since then, with Dudley arguing the lease was invalid and not market rate. Over the course of the last year, Sneeh and Nimri agreed to increase their rent almost 50 percent to $27,500 per month. 

And while the current dispute mostly centers on a lease disagreement, who "owns" Dametra is also contested by both parties, as Dudley says the two men are just managers.

Among the filings by Dudley's attorney Susan Goldbeck to stop the restraining order is a letter purportedly written and signed by Sneeh dated Oct. 16, 2014: "[Dudley] is the owner and has always been. I managed Dametra Cafe for Ms. Dudley."

At a hearing this morning, Monterey County Superior Court Judge Susan Matcham upheld the restraining order, which prevents Dudley and the Trust from interfering with Dametra's operations, or from Dudley saying she is the "owner" of Dametra.

"It appears to be clear," Matcham said, "the plaintiffs run this business, they've held themselves out as owners of the business.

"What's not clear is whether [Sneeh and Nimri] can keep on in that property."

When considering her interpretation of the law with respect to restaurants, Matcham said, "I think the plaintiffs would prevail on ownership..

She said if she did not grant the preliminary injunction, their business would be "severely impacted."

Matcham's ruling, she noted, did not prevent Dudley from seeking arbitration. She also said she was not ruling on the validity of the lease agreement, and that it could be further examined in court. 

Sneeh and Nimri weren't at the hearing; Dudley was. 

"Basically, [Matcham] didn’t pay any attention to the irreparable harm inflicted on the other side," Dudley said. 

Dudley indicated she is left with little choice but to further pursue the matter in court.