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by Jonathan Mendick, published on March 30, 2010 at 9:40 PM

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It's a sad day for Sacramento tea lovers. Hina's Tea is closing shop, losing its employees, online retail store and loyal fan base.

The store received a minute order from the Sacramento Superior Court March 25, saying they were no longer legal tenants of the property and that they should return possession to the owner.

"Defendant (Gary Orr) is entitled to possession of the premises while the parties litigate the issue of damages," said the document. "Orr is entitled to the right to possession of the premises as (the tenants) have failed to pay rent or quit in response to a valid three-day notice to pay or quit."

Hina's Tea informed their customers of store's closure through its website and email.

"After successfully fighting our landlord Gary Orr's effort to evict us for over eight months, we are being ordered out of the premises while our ongoing lawsuit continues," according to a written statement posted Monday to Hina's website. "In light of this news, we believe we have a limited amount of time to sell off all inventory before we are forced out of business."

Though the exact closing date is unknown, it could be as early as two weeks, according to the statement.

Owner Hina Soni, who opened the store five years ago in Folsom, declined to comment on the dispute based on her lawyer's advice. Orr did not respond to a phone call or e-mail by the time of publication.

The store, which was Soni's first venture into tea (she was previously in the computer business), moved to Sacramento three years ago. Soni, who moved to Sacramento in 1989, grew up drinking tea in London, but her travels to Europe and Asia inspired her to open a business with a larger variety of teas.

A few years ago, Soni decided to open up an online retail store to complement the business, because after visiting the shop, people from around the country would want to have tea shipped to them. She said she didn't want to continue online retail because it's not marketable without a physical place to "see, touch, smell and taste the tea."

Soni's store was full Tuesday afternoon, emotions running high, dozens of patrons hugging, drinking and stocking up on tea, which is marked down by 30 percent as the store prepares to close. A group of more than 15 college-age students, which has spent every other afternoon in the tea shop for nearly two years, seemed to be the most disappointed about the news.

"When we discovered tea, we started coming here on a regular basis," said Adam Beckner, a 21-year-old Elk Grove resident. "Getting educated about tea opened a new world for us. We sit in here for hours and talk about different types of tea."

He said his group of friends is composed mostly of people from the South Sacramento and Elk Grove areas, and they have known each other since they were in high school. Several of the group members said they come an estimated three times a week, and have been in the store hundreds of times.

"Customers became our friends," said Soni. "We're like a huge extended family."

Chris Eshenaur, 23, a Natomas resident and Sacramento City College student, is another a loyal customer who said he came to the shop more than three times per week for the last three years. He befriended Beckner's group of friends at the tea shop and was one of several people who cried Tuesday morning after hearing of the impending closure.

"I ended up crying in (Soni's) arms," he said. "She's like a mother to me. She's concerned about my essays and what I do. She's very motherly to me and other people."

Eshenaur, who has helped Soni run several tea classes, said he would study at the shop or go there when stressed out. He called the environment "peaceful" and "zen-like."

"These are the most consistent group of customers," said Stephen Freeman, who has worked at the shop for three years, almost as long as it has been open. "A lot of people are upset about us having to leave."

So upset, in fact, that as a tribute to Hina's, the young group of friends wants to open a new tea shop.

"We are going to open a tea shop by the end of the year," Beckner said. Freeman noted that the students already know how to brew the teas themselves.

"It's the ultimate compliment (and) I have no problem helping them whatsoever," said Soni.

Nevertheless, Soni still feels like she's losing a family, not to mention one of the two tea shops in the grid she knows of (Tea Cozy is the other).

"It's like a loss, a bereavement, and there's going to be a long period of mourning, but I still have a glimmer of hope that someone will swoop down and save us."

Those who want to stock up on bulk orders of tea should do so by Tuesday because Soni is placing the last order to suppliers, according to the Hina's website. Hina's is located at 2319 K St.

Editor's Note: The Sacramento Press editorial department added the second and third paragraphs to this story post-publication in order to clarify the legal status of Hina's Tea, as recorded in court documents.

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March 30, 2010 | 9:44 PM
*Update: According to the Hina's Facebook page (http://www.facebook.com/pages/Sacramento-CA/Hinas-Tea/190422826089), online orders will be accepted through Wednesday.
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March 30, 2010 | 11:47 PM
Unbelievably sad.
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March 31, 2010 | 8:19 AM
Come to Old Sacramento! We would love to have a tea shop.
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March 31, 2010 | 9:49 AM
It has been a great business, here in Midtown ... I hope after the legal issues are resolved, they can look into finding a new location and starting up again.
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March 31, 2010 | 11:03 AM
This is such sad news. I hope they find another location on the grid and reopen!
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March 31, 2010 | 3:44 PM
So why is Gary Orr kicking out Hina's? Why are they being evicted? Non-payment of rent? Wild parties at 3 AM? What?
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edited on  March 31, 2010 | 4:32 PM
For now it looks like non-payment of rent, but the issue might be more complicated than that.

I received the following reply in an email from Mark Ellis, Managing Partner of Ellis, Coleman, Porier, Lavoie & Steinheimer, which is representing Orr:

"Hina’s Tea has been occupying Mr. Orr’s premises without paying rent for years; we believe Hina’s refusal to pay rent was not legally justified and instead was based, in our judgment, upon pretextual excuses so as to unfairly stay in the premises rent free to Mr. Orr’s detriment.

In any event, the eviction that is occurring is based upon a valid court order dated 3/26/10 that found that Mr. Orr is legally entitled to re-possession of his premises."
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March 31, 2010 | 5:40 PM
I think it is quite suspect that Orr held off so long evicting them for non-payment. It looks like he promised some improvements that never came through. I went through the same BS with MJB Bixby Construction, and the case was strikingly similar. Commercial landlords already have quite a big edge in UD procedings, and when the landlord is also the provider of improvements and contractor to boot, they can really hurt you. Bottom line is, the courts position is that it's the owners property and if he owes you improvements, you sue him for that separately, but you still pay the rent in the meantime unless it's written in there that you don't have to. Standard leases require the payment regardless of if the landlord has failed to do something or not. It's bogus, but it's usually in the lease. UD court is a bad venue to air any other issue you are having with the landlord. That's why Orr used it while the Hino case was in another court. Cripple the Hino's income to fight back
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March 31, 2010 | 11:27 PM
I feel the lede of this article does not accurately express my opinion as a Sacramento tea lover. Perhaps I just wasn't a part of the survey conducted by the Sacramento Press regarding the feelings of local beverage aficionados when it comes to a shop that sells drinks made from the "Camellia sinensis" plant, or perhaps I feel no sadness because I never got to express Hina's Tea for myself.

I could, however, say that I've heard of Hina's Tea before, and I very much am saddened that I won't get the opportunity to indulge in the retail experience before it closes. It's been featured on our news quite a few times, mostly on our morning product, and they've always been very good to us.

But a sad day for this tea lover, it is not.
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gkg
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April 2, 2010 | 8:04 AM
In response to Mr. Orr’s attorney’s comments that Hina’s Tea refused to pay rent without justification, Hina’s Tea does not refuse to pay rent. We believe Mr. Orr was paid all that he is due and that he failed to meet numerous obligations to us. In fact, although the Court has ruled that Mr. Orr is entitled to re-possession of the premises, it also acknowledges there is a triable issue of fact as to whether any rent is due and whether Hina’s Tea’s lease with Mr. Orr ever commenced. These issues, among others, remain subject to ongoing litigation with Mr. Orr and we will leave it to the Court to resolve them.
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April 4, 2010 | 2:43 PM
Mr Orr is probably financially leveraged due to the state of the economy as is Hina's Tea, but I am sure Mr Orr is probably pretty greedy . He should have negotiated a lower rent, better some business than no business. Too many greedy landlords out there.
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April 7, 2010 | 9:50 AM
Who expects to stay afloat as a shop selling tea? Might as well be a salt and pepper store.
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April 19, 2010 | 10:44 AM
This article made me cry, I only wish that I had known sooner so that I could have gone in before the closing and bought as much of Hina's wonderful tea that I could carry. I hope that they find a way to continue selling their delicious teas because right now I feel lost without them :(

@Brendawalsh - your comment is so incredibly ignorant, you have picked your online identity perfectly.
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May 3, 2010 | 9:41 AM
Being kicked out for not paying your rent is a legit reason to be kicked out. I don't understand why this is difficult. I also don't understand why they are shutting down their website sales. There is more to this than we are being told.
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