FDD Items 3 & 4 · 2023 filing
Barrio Queen litigation history
What Barrio Queen disclosed about lawsuits, arbitrations and bankruptcy in the 2023 Franchise Disclosure Document. Item 3 lists the material legal actions a franchisor must report; Item 4 covers bankruptcy. This is the franchisor's own disclosure, not a court record, and not legal advice.
Items 3 (litigation) & 4 (bankruptcy) at a glance
What the filing discloses
- Cases disclosed
- 9
- Item 3, as counted in the filing
- Largest settlement, franchisor's own cases
- None stated
- Bankruptcy (Item 4)
- Disclosed · an officer
- Franchisor, parent, predecessor or officer
- Filing year
- 2023
- Disclosures cover the prior ten years
Extracted from the 2023 Franchise Disclosure Document
Item 3: litigation
1 settled case against franchisor's predecessors (Extreme Pita/EP Development) regarding FIPA violations and misrepresentation, settled for $20,000 in March 2016. 3 active lawsuits filed by MTY USA against franchisees in fiscal year 2021-2022 for breach of contract, personal guaranty, and unlawful detainer. 2 government regulatory actions against predecessor Triune, LLC (Baja Fresh franchisor) for Maryland and Virginia franchise law violations, both resulting in consent orders with penalties.
Item 3 (litigation) · 9 matters disclosed
Litigation cases
Parent, affiliates, master franchisor and subfranchisor
Concluded (6)
Purav Enterprises, LLC, Balwant Bahia, and Paramjit Samra v. The Extreme Pita Franchising USA, Inc., EP Development, Inc., and Feisal Ramjee
settledBrought by a franchisee · The Extreme Pita Franchising USA, Inc. (now MTY Franchising USA, Inc.) · filed 2015-06-22 · Superior Court of the State of Washington for King County · 15-2-15120-7
“… (Superior Court of the State of Washington for King County, Case No. 15-2-15120-7) On June 22, 2015, Purav”Page 21 of the 2023 FDD, Item 3
Outcome: “The parties entered into a settlement agreement on March 11, 2016, in which Defendants paid Plaintiffs the sum of $20,000.”
Commonwealth of Virginia v. Triune, LLC (Virginia Determination, Case No. SEC-2012-00027)
settledGovernment or regulatory action · Triune, LLC (predecessor franchisor of the Baja Fresh brand) · filed 2012 · Virginia State Corporation Commission, Division of Securities and Retail Franchising · SEC-2012-00027
“State of Virginia Determination; Case No. SEC-2012-00027 In February 2012, the Division of Securities and Retail Franchising of the State Corporation Commission (the "Commission") alleged that during 2009 Triune (i) offered or sold franchises in Virginia in 2009 that were not registered under the Virginia Retail Franchising Act (the “Virginia Act”);”Page 23 of the 2023 FDD, Item 3
Outcome: “pay Virginia the sum of $25,000 as a penalty and the sum of $5,000 to defray the Commission’s costs of investigation; (iii) offer certain Virginia franchisees a refund of their initial franchise fees; and (iv) send a copy of the Settlement Order to certain Virginia franchisees.”
State of Maryland v. Triune, LLC (Maryland Determination, Case No. 2012-0073)
concludedGovernment or regulatory action · Triune, LLC (predecessor franchisor of the Baja Fresh brand) · filed 2012 · Office of the Attorney General of Maryland · 2012-0073
“State of Maryland Determination (Case No. 2012-0073) In February 2012, the State of Maryland alleged that during the period January 1, 2009 to November 26, 2009 Triune, LLC (“Triune”) the predecessor franchisor of the Baja Fresh brand (i) did not retain”Page 22 of the 2023 FDD, Item 3
Outcome: “pay the Office of the Attorney General the sum of $50,000 as a civil penalty, (iii) retain copies of all acknowledgments of receipt confirming dates that prospective Maryland franchisees received any Maryland Franchise Disclosure Documents, (iv) comply with the disclosure and antifraud provisions”
In the Matter of Maui Wowi Franchising, Inc. (Securities Commissioner of Maryland, Case No. 2007-0194)
concludedGovernment or regulatory action · Maui Wowi Franchising, Inc. (predecessor franchisor of the Maui Wowi brand) · filed 2007-09-12 · Securities Commissioner of Maryland · 2007-0194
“In the Matter of Maui Wowi Franchising, Inc., Before the Securities Commissioner of Maryland, (Case No. 2007-0194). On September 12, 2007, Maui Wowi Franchising, Inc. (“MWF”) the predecessor franchisor of the Maui Wowi brand, entered into a Consent Order with”Page 24 of the 2023 FDD, Item 3
In the Matter of Maui Wowi Franchising, Inc. (Securities Commissioner of Maryland, Case No. 2005-0651)
concludedGovernment or regulatory action · Maui Wowi Franchising, Inc. (predecessor franchisor of the Maui Wowi brand) · filed 2005-11-11 · Securities Commissioner of Maryland · 2005-0651
“In the Matter of Maui Wowi Franchising, Inc., Before the Securities Commissioner of Maryland (Case No. 2005-0651) On November 11, 2005, Maui Wowi Franchising, Inc. (“MWF”), the predecessor franchisor of the Maui Wowi brand entered into a Consent Order with”Page 23 of the 2023 FDD, Item 3
New York Department of Law v. Blimpie Associates, Ltd. and Joseph Dornbush (consent judgment, 1992)
judgmentGovernment or regulatory action · Blimpie Associates, Ltd. (predecessor of a sister MTY brand) · filed 1992 · New York Department of Law
“New York Department of Law In May 1992, Blimpie Associates, Ltd. and Joseph Dornbush (formerly the President of Blimpie) (collectively “Respondents”), responded to a claim by the New York Department of Law that it had sold franchises during a period of time when Blimpie’s prospectus had not been updated by amendment.”Page 23 of the 2023 FDD, Item 3
Outcome: “pay the sum of $18,000 to the State of New York as an additional allowance. Respondents paid the $18,000 in May 1992 and executed the consent judgment on August 25, 1992.”
Status not stated in the filing (3)
MTY Franchising USA, Inc. v. Tebrock, David, L.L.C., Lawrence Corbett and Carolina Corbett
Brought by the franchisor · MTY Franchising USA, Inc. · filed 2022 · Superior Court of Arizona, Maricopa County · CV2022-000086
“… In the Superior Court of the State of Arizona in and for the County of Maricopa;”Page 22 of the 2023 FDD, Item 3
MTY Franchising USA, Inc. v. Thanhson Nguyen Dinh, Thuy Thanh Tran and Does 1 through 20
Brought by the franchisor · MTY Franchising USA, Inc. · filed 2022 · Superior Court of California, County of Sacramento · 34-2022-00316197
“… Superior Court of California, County of Sacramento, Gordon D. Schaber Courthouse-Unlimited Civil;”Page 22 of the 2023 FDD, Item 3
MTY Franchising USA, Inc. v. Trimurti Management, Inc.
Brought by the franchisor · MTY Franchising USA, Inc. · filed 2022 · Superior Court of California, County of Los Angeles · 22VECV01347
“… Superior Court of California, County of Los Angeles; Case No. 22VECV01347.”Page 22 of the 2023 FDD, Item 3
Item 3 lists the litigation the franchisor must disclose; a matter against a parent, an affiliate or a named officer is not a matter against the franchisor, and pending claims are allegations, not findings.
Disclosed in the 2023 Franchise Disclosure Document
Item 4: bankruptcy
Co-COO Adam Lehr filed Chapter 13 bankruptcy on January 30, 2018 (Case No. 18-40253-KHS); discharged June 29, 2021
Disclosure signals that moved the score
How this shows up in the verdict
- Litigation history includes FIPA violations and misrepresentation by predecessor entities, creating legal/reputational liability
The verdict grade is FranchiseVerdict's editorial assessment across SBA loan performance, unit growth, revenue and disclosure signals. It is not investment advice.
Before you weigh a lawsuit
How to read Item 3
A franchisor must disclose pending actions and any material civil action involving the franchise relationship, plus convictions or civil judgments for fraud, unfair or deceptive practices, or franchise-law violations, going back ten years. A case the franchisor brought against a franchisee counts too. Item 3 does not include every dispute: settled claims below the materiality line and matters resolved in private arbitration can be absent.
Questions worth asking current and former franchisees, using the contact list in Item 20:
- Were you, or anyone you know in the system, party to a dispute with the franchisor?
- Was it resolved by settlement, arbitration or a court, and on what terms?
- Has the number of disputes gone up or down since you signed?