Galindo v. BJs Restaurants, Inc.
On September 12, 2011, former team member Bianca Galindo filed an action in San Diego County Superior Court against BJs 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. Galindos counsel, the court transferred venue of the action to the Fresno County Superior Court, the county in which Ms. Galindo worked.
BJs deadline for filing a responsive pleading in the matter was October 19, 2011. Because Ms. Galindo and BJs signed an arbitration
agreement, BJs moved to compel the matter to arbitration on October 19, 2011 in lieu of filing an answer, which is currently set for hearing. BJs 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.
BJs Restaurants, Inc. v. Toyama Partners, LLC;
On August 26, 2011, BJs 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, BJs 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. BJs 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. BJs Restaurants, Inc.
See summary in Schedule 5.18, below.