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BJS RESTAURANTS INC filed this Form 10-K on 02/28/2012
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Galindo v. BJ’s Restaurants, Inc.

On September 12, 2011, former team member Bianca Galindo filed an action in San Diego County Superior Court against BJ’s Restaurants, Inc. and one of its managers, Brian Rincon, improperly named in the complaint as Brian Ratcliff. Ms. Galindo alleges sexual harassment, failure to prevent sexual harassment, assault, constructive wrongful discharge in violation of public policy, and intentional infliction of emotional distress. On October 18, 2011, upon the request of Ms. Galindo’s counsel, the court transferred venue of the action to the Fresno County Superior Court, the county in which Ms. Galindo worked.

BJ’s deadline for filing a responsive pleading in the matter was October 19, 2011. Because Ms. Galindo and BJ’s signed an arbitration agreement, BJ’s moved to compel the matter to arbitration on October 19, 2011 in lieu of filing an answer, which is currently set for hearing. BJ’s will vigorously defend its position in this lawsuit. The parties have not yet engaged in any discovery or performed any analysis of potential exposure, if any exists.

BJ’s Restaurants, Inc. v. Toyama Partners, LLC; Peter Pau

On August 26, 2011, BJ’s filed a lawsuit in the Superior Court of California for the County of Alameda against Toyama Partners, LLC, landlord of the Newark premises, and its owners for breach of contract and fraud. The suit alleges that Toyama has been and is in default for, among other things, failing to perform certain site work, failing to pay the tenant allowance, and failing to provide reasonable co-tenancy required by the lease between the parties. Prior to the lawsuit being filed and during its pendency, BJ’s has taken offsets from rent as damages due it as a result of non-performance by Toyama in accordance with the lease and other written agreements. BJ’s has been engaged in settlement discussion with Toyama and hopes to resolve the lawsuit by a lease amendment which will address the dispute.

Baroness v. BJ’s Restaurants, Inc.

See summary in Schedule 5.18, below.