A runner passes Cafe Siena at 853 East 13th Avenue. The University of Oregon Bookstore, LLC., doing business as the Duck Store, filed an eviction complaint Feb. 22 against Pacific Espresso Corporation doing business as Cafe Siena. [Andy Nelson/The Register-Guard] - registerguard.com ▲ A sign in the window at Cafe Siena at 853 East 13th Avenue indicates several dates predicted for reopening. The University of Oregon Bookstore, LLC., doing business as the Duck Store, filed an eviction complaint Feb. 22 against Pacific Espresso Corporation doing business as Cafe Siena. [Andy Nelson/The Register-Guard] - registerguard.com ▲

A cafe operating in a University of Oregon Bookstore-owned space is unlawfully occupying the building "with force" by not opening for business, according to court documents filed last week in Lane County Circuit Court.

The University of Oregon Bookstore, LLC., doing business as the Duck Store, filed an eviction complaint Feb. 22 against Pacific Espresso Corporation, doing business as Cafe Siena, at 853 E. 13th Ave. The owner is listed as Sandy Boyd of California.

A note in the window Friday read "Dear customer, Sorry for the inconvenience but we will be closed for some remodeling until mid October." The words "July" and "Sep." were crossed out with black marker.

A hearing is set for March 14.

According to the court documents, Cafe Siena was issued a final notice of default Dec. 10 because the business violated the lease it has held since 2014 after being closed for more than 15 days. The cafe is four doors down from the Duck Store.

In fact, the cafe hasn't been in operation since at least August, according to notices attached to the court filing. Duck Store Controller Andrew Moreland wrote to Boyd in December's final notice.

"After several attempts to rectify this default, beginning with a discussion about a remodel on Aug. 27, 2018," Moreland wrote, "which was to be completed by the beginning of the school year, the space is still not remodeled and has not been occupied since our original notice over email. At this time, this failure to occupy has become a challenge for the adjacent properties."

The cafe then was given 45 days to rectify the default. But after failing to do so, the lease was terminated Jan. 31. The cafe's owner is required to vacate the location, deliver the keys to the Duck Store and surrender the premises in good condition within five days of the Jan. 31 notice.

After failing to do so, the eviction complaint was filed Feb. 22.

A call to Boyd was not answered.