BajaNomad

SPEAKING OF LA FONDA........ THERE'S TROUBLE IN PARADISE

DENNIS - 2-21-2014 at 08:10 AM

This was in yesterday's paper:
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http://www.elvigia.net/general/2014/2/21/desalojan-hotel-spa...
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Ensenada , B.C. - What would be a day's work , began as an eviction activities affecting 57 employees of the hotel, restaurant and "spa" The Fonda , who yesterday saw lying in the street furniture and tools for your daily work .

According to the testimony of the workers, the eviction began around 9:00 pm in the known site located at kilometer 59, it covered 40 rooms ( double and single ) , a "spa " three storey living events and one room house, all distributed in 5 thousand square meters.

Mattresses , clothing , mirrors , chairs , tables , furniture and clothing were some of the things that were cast aside on the side of the road, same as the attention of drivers who passed by.




Accused of dispossession

Alejandro Mart�nez V�zquez , legal representative , explained that the operation itself is an eviction pursuant to a court order , but also a " dispossession " at the concession that his client has federal zone.

"People who come by coach stripped us of the federal zone : we have a concession that the government gave us We are stripping what the hotel but the restaurant will open . Giving the same service ," he said .

He said that the place has 57 employees and attempt to resolve the employment status of the same , as more than half come out with diligence concerned , who in turn represent twenty families.

" The litigation is the Portfolio 's operating Fonda and goes against Mr. Joe Dmytriw Orestovich and its operating company La Fonda.

"There is abuse but can not do anything . . . Bring an expert who is demarcating the property 's architect, he is not even engineer is Rosarito and Carrasco will surnames are defining a so vague and so unhealthy way That line has to will be five meters to one side , so make the maps, the federal zone . irregularities there , "he said .

Counsel recalled that since 2008 started the dispute , but suddenly the judge handling the case reported in an " irregular " from the city of Tijuana, and " whipped out a warrant ," plus you requested to be executed by the government of Ensenada.

Therefore, make a complaint to the Attorney General 's Office ( PGR ) and ask the refund .

monoloco - 2-21-2014 at 08:54 AM

Land theft is a national sport here. Because of the way the legal system works, once someone gains possession by any means, legal or fraudulent, there will be no resolution for at least 10 years, and no repercussions if the land was illegally occupied.

Udo - 2-21-2014 at 09:39 AM

I always wondered how La Fonda got to build and kept building on to the Federal zone.
We used to stay there a lot, until we finally went next door to visit Poco Cielo, which I thought was closed because their doors were always closed, although not locked.
It turned out to be a gem of a place...really nice rooms, attentive staff and waiters, plus great food.
They have, on my suggestion, opened their doors wide open every day.

SFandH - 2-21-2014 at 10:46 AM

Need some furniture for your baja house??






[Edited on 2-21-2014 by SFandH]

It's Happened Before

Gypsy Jan - 2-21-2014 at 11:00 AM

When Joe Dmytri, the last owner of La Fonda, was threatened by his employees who wanted to organize a union, he closed down the business overnight.

We went there for Sunday brunch and found the main restaurant shuttered and blocked.

He reopened the next day in his house next door.

The new people that took over La Fonda several years ago never received the concession and they made illegal modifications to the federal zone according to our local federal representative.

sancho - 2-21-2014 at 11:37 AM

Seemed the only thing that kept the old patio
at La Fonda from
falling onto the beach was Bougainvillea roots,
always surfing Porpoise out front, Sun. breakfast,
many memories

[Edited on 2-21-2014 by sancho]

BajaBlanca - 2-21-2014 at 01:12 PM

Man, trouble in Paradise is a good way to put it.

DanO - 2-21-2014 at 02:24 PM

The lawsuit is against Joe for refund of the purchase price? Good luck with that. Anyway, I hope it reopens. Nothing like sitting at the bar with a bowl of steamers and a margi watching the waves reeling in.

DENNIS - 2-21-2014 at 03:11 PM

Quote:
Originally posted by DanO
The lawsuit is against Joe for refund of the purchase price? Good luck with that.


Maybe his kid, Brad, [is that his name?] will pay it for him. :lol:

DENNIS, I Hope You Are Being Ironic

Gypsy Jan - 2-21-2014 at 03:42 PM

The last time I saw him, he was screaming from withdrawal at CRREAD.

DENNIS - 2-21-2014 at 03:45 PM

Quote:
Originally posted by Gypsy Jan

DENNIS, I Hope You Are Being Ironic



The last time I saw him, he was screaming from withdrawal at CRREAD.


Ohhhh...did he eat something that didn't agree with him? :lol:

Yes. Well...actually I was being sarcastic. :lol:

tiotomasbcs - 2-21-2014 at 06:27 PM

I love that , Dennis. Too much drugs, alcohol, etc. Wealthy kids around the world are spoiled! Just my opinion! Tio

Marc - 2-21-2014 at 06:43 PM

The post is unintelligible to me. Must be a translation of some sort. I do get the general drift from the replies. Reinforces my resolve to never buy in Messico. One can walk away from a rental or lease and it's no big deal. Adios....and keep the furniture!:yes::yes::yes:

gschroder - 2-23-2014 at 09:04 AM

Wow! Any thoughts from anyone what the future for this venerable establishment might be? Will Dymitri attempt to re-open, or will the tangle of Mexican laws & the issue of building in the Federal zone keep the shutters up for good? My wife and I have been been back a few times in the past year or so, will be sorry to see it go! Lots of memories...

! bar open on Monday!

paul r - 2-23-2014 at 10:28 AM

...talk to joe Saturday and the bar will be open on Monday!!!... "seat your beautiful self"!!!!!

Pompano - 2-23-2014 at 11:42 AM

Ah.. the La Fonda restaurant, for our first few trips through Ensenada in the 70's & 80's, we would eat there with a friend whose nice beach house was just two or three doors away. He was a good friend of the owner and residents in that area for many years, and a regular at the caf�.

We decided to quit stopping in that area after our friend was stabbed by thieves in his house during a burglary. He told us he was tied and hung from the rafters in his garage, then stabbed twice in the stomach. He was found by other neighbors, recovered, then sold the home quickly at a bargain, never to return. It was an end of an era for him...too much crime. Unfortunately, the whole La Fonda scene lost much of it's appeal for us after that nearby event. Our decision was based on the increase of crime, not on the atmosphere & cuisine at the caf�, which was always fine with us.

I met Joe Dymitri again a few years later at the Hacienda Hotel in Mulege. Always seemed to be a congenial fellow, and talked about some problems going on with his business in Ensenada.

We wish him well, and who knows?....one of these trips we might stop by again. Just leave the knives on the tables, por favor. :rolleyes:

gnukid - 2-23-2014 at 11:48 AM

Quote:
Originally posted by Marc
The post is unintelligible to me. Must be a translation of some sort. I do get the general drift from the replies. Reinforces my resolve to never buy in Messico. One can walk away from a rental or lease and it's no big deal. Adios....and keep the furniture!:yes::yes::yes:


According to heresay the 'owner' had no valid title, no valid concession and ran a business. Quite different than having a title and fido and a concession on a home in baja.

Bob53 - 2-25-2014 at 02:13 PM

I always liked that place. Food was great and the rooms were nice.

EnsenadaDr - 2-25-2014 at 02:42 PM

The Lighthouse right down the road has a killer ocean view and great food and buffets.

DanO - 2-25-2014 at 03:15 PM

There are some more details on the situation in the last post on the linked Tripadvisor page, but it's not clear how reliable that information is.

http://www.tripadvisor.com/Hotel_Review-g150774-d278643-Revi...

BajaRat - 2-28-2014 at 06:22 PM

How very sad for those kind employees, always great to the fam. :no:

willardguy - 2-28-2014 at 06:28 PM

Quote:
Originally posted by BajaRat
How very sad for those kind employees, always great to the fam. :no:
not being argumentative just curious, are you talking about your family? and do you include their bartenders into the mix? :?:

BajaRat - 2-28-2014 at 07:15 PM

Quote:
Originally posted by willardguy
Quote:
Originally posted by BajaRat
How very sad for those kind employees, always great to the fam. :no:
not being argumentative just curious, are you talking about your family? and do you include their bartenders into the mix? :?:



Willard, I can only speak for ourselves, The employees have been good to our family. Never really had any experience with the bartenders, usually have a cooler full in our room............ free ice, yes please ;D

gschroder - 3-4-2014 at 10:50 PM

Any more word as to whether the hotel will reopen? Or, is La Fonda just going to be another Baja memory?

BajaNomad - 3-4-2014 at 10:51 PM

This landed in my u2u's when it was intended as a follow-up post in this thread...

Quote:

Anyone heard any news as to when or if the hotel might reopen? Or, is La Fonda going to just live on as another Baja memory?

elgatoloco - 3-5-2014 at 05:50 AM

Familia stopped in and spoke with Mr. D and son. He has been 'handed' back ownership of hotel/spa property due to non payment. He plans to have bar open by weekend and has ordered new furniture for hotel.

Santiago - 3-5-2014 at 07:23 AM

Help me understand this: Persumably Mr D & Son sold the business and carried back the paper. The real property was the collateral. Right?
1. Wasn't the furniture in the hotel when they sold it?
2. Who moved it to the street; they buyers or Mr D?
3. Either the defaultees stole the furniture, or Mr D gave away what was rightly his, or there is something about Mexican real estate law I don't understand. (duh)
Can anybody explain this?

Udo - 3-5-2014 at 08:43 AM

An "anonymous" source told me that Mr D plans to open the restaurant and bar where it was originally, a few buildings south of where the spa was.

elgatoloco - 3-5-2014 at 01:02 PM

Quote:
Originally posted by Santiago
Help me understand this: Persumably Mr D & Son sold the business and carried back the paper. The real property was the collateral. Right?
1. Wasn't the furniture in the hotel when they sold it?
2. Who moved it to the street; they buyers or Mr D?
3. Either the defaultees stole the furniture, or Mr D gave away what was rightly his, or there is something about Mexican real estate law I don't understand. (duh)
Can anybody explain this?


Apparently law states that when a property is repossessed the items inside are not included. Mr. D made an offer and previous owners did not accept so stuff was emptied as prescribed and now he needs to replace.

Did hear that current restaurant situation is equally tenuous and a similar result is possible.

Next week we are heading down that way and may get a chance to stick our heads in and see how the margaritas are at the new new old la Fonda :dudette:

Santiago - 3-5-2014 at 04:47 PM

Spidey: Now I understand. Thanks.

DENNIS - 3-5-2014 at 04:59 PM

Quote:
Originally posted by elgatoloco
Apparently law states that when a property is repossessed the items inside are not included.


Watched something similar happen at the small motel across from Sharky's. The owner sold it to someone, then moved back north leaving his girlfriend [wife, she claimed] and her family on the premises. They refused to leave.
After a couple of months, the police came down with a crew of workers and gutted the place, putting everything out at the edge of the road just like the La Fonda picture. It didn't last long.

gschroder - 3-6-2014 at 11:37 AM

Quote:
Originally posted by BajaNomad
This landed in my u2u's when it was intended as a follow-up post in this thread...

Quote:

Anyone heard any news as to when or if the hotel might reopen? Or, is La Fonda going to just live on as another Baja memory?


Thanks, Nomad! I am new to the board & obviously clicked the wrong icon :) Thanks for posting it for me!

Just a Reminder

Gypsy Jan - 3-6-2014 at 12:39 PM

Mexico, including Baja, is governed by the Napoleanic Law Code which has very different rules about property ownership from the U.S. legal system.

http://www.llrx.com/features/mexcc.htm

elgatoloco - 3-6-2014 at 02:12 PM

Brings to mind one of my favs - "this is not, America, sha la la la la...." :saint:

Dave - 3-6-2014 at 05:39 PM

Quote:
Originally posted by elgatoloco
Familia stopped in and spoke with Mr. D and son. He has been 'handed' back ownership of hotel/spa property due to non payment. He plans to have bar open by weekend and has ordered new furniture for hotel.


Swami predicts Mr. D's son will soon be selling hotel furniture. :rolleyes:

La Fonda is up and running again...

EnsenadaDr - 3-16-2014 at 08:43 PM

Passed by La Fonda today and it was packed. There were wall to wall cars. A security guard stepped out and asked me very nicely if I wanted to eat at the restaurant or get a room. I asked him if it was open for business again and he said yes and I asked who the owner was and he said Dimitri. I asked him if that was the same owner as before and he said yes. I saw no furniture on the side of the road and business in La Mision and Rosarito was booming today and the weather was gorgeous, over 80 degrees and the beaches were packed.

Ateo - 3-16-2014 at 08:54 PM

Sweet. Thanks for update.

willardguy - 3-16-2014 at 10:09 PM

the difference is now you're in the bar and restaurant, not dmytriw's living room.

[Edited on 3-17-2014 by willardguy]