Saratoga News

Photograph by Robert Scheer

Ray Rossi awaits his day in court to learn the future of his drugstore.

Court date set for drugstore

Landlord, owner to meet Nov. 24

By Sarah Lombardo

The Saratoga Drug Store and its landlord, Marcelle Bloxham, are scheduled to meet in Santa Clara Superior Court Nov. 24. The court date will be the first meeting in what could be the final decision on the drugstore's future in the Saratoga Village, where it has been since 1904.

Attorneys in the case estimated that the trial could be as short as one day or as long as five; the court has scheduled three days for it. The trial itself was months in coming, both parties having met in court several times already to determine if the issue should go that far.

"This is what we've been trying to have done all along," said drugstore owner Ray Rossi. "I'm confident that when somebody looks at the situation and sees the facts, we will prevail."

The battle revolves around the validity of an option on Rossi's lease, which was originally signed in 1992. Rossi tried to exercise what he believed to be a valid 10-year option on his lease shortly before his lease was to expire in June. At about the same time, Rossi said, Bloxham informed him that she was raising the rent for the 2,200-square-foot space from about $3,000 a month to almost $6,000. Jeff Lopez, Rossi's attorney, said it is their belief that the amount of the rent should remain the same, since the option on the lease continues the lease--and rent--Rossi previously had. In her suit, Bloxham said the lease was invalid because it didn't specify an amount and that Rossi had no claim to an option.

After reversing, on a technicality, an earlier ruling that agreed Rossi's lease was invalid, Superior Court Judge Mary Jo Levinger ruled Sept. 18 that the issue could go to trial to determine if the lease still stands and if Rossi has the right to exercise the 10-year option on his lease. The trial will also determine if the original rent, the rent hike or something in between is appropriate.

Bloxham's attorney, Bernd Schmidt of Santa Cruz, could not be reached for comment, and Bloxham's daughter and manager of the property, Michelle Beck, chose not to comment for this story.

Rossi said he doesn't know what he will do should the trial not come out in his favor, but said he is just happy the issue is finally reaching resolution.

"Just living in a state of limbo has been hard. I don't want the store to run down, but I'm trying to keep it as stocked as I can," he said. "I'm a guy who always likes to plan ahead and I can't live month to month--it drives me crazy."

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