Cold Stone Creamery litigation history

The franchisor and its predecessor

Concluded (4)

• KOHO, Inc. v. Kahala Franchising, L.L.C.

  settled

  Brought by a franchisee · filed 2015 · Superior Court of the State of California for the County of Los Angeles · BC572565

  “… Superior Court of the State of California for the County of Los Angeles; Case No.: BC572565. On or about February 17, 2015, Koho, Inc. (“Koho”) filed a Complaint against Kahala Franchising, L.L.C. (“Kahala”) alleging: (i) breach of contract; (ii) unjust enrichment; and (iii) declaratory relief.”Page 22 of the 2026 FDD, Item 3

  Outcome: “On June 19, 2017, the parties entered into a settlement agreement whereby Kahala repurchased Koho’s Area Developer territory for the sum of $75,000 and forgave the remaining damages owed in the amount of $130,000.” (page 23)

• Matter with no printed caption

  judgment

  Government or regulatory action · Blimpie Associates, Ltd. and Joseph Dornbush (formerly the President of Blimpie) · filed 1992 · New York Department of Law

  “Concluded State Administrative Actions Involving Predecessor Blimpie Associates, Ltd. In May 1992, Blimpie Associates, Ltd. (“Blimpie”) 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 28 of the 2026 FDD, Item 3

  Outcome: “Respondents paid the $18,000 in May 1992 and executed the consent judgment on August 25, 1992.”

• In the Matter of Maui Wowi Franchising, Inc., Before the Securities Commissioner of Maryland

  concluded

  Government or regulatory action · Maui Wowi Franchising, Inc. (predecessor in interest to Kahala Franchising, L.L.C.) · Securities Commissioner of Maryland · 2005-0651

  “… Case No. 2005-0651. On November 11, 2005, Maui Wowi Franchising, Inc., the predecessor franchisor of the Maui Wowi brand (“MWF”), entered into a Consent Order with the Securities Commissioner of Maryland (“Commissioner”) resulting from MWF inadvertently entering into four franchise agreements”Page 29 of the 2026 FDD, Item 3

  Outcome: “At this time, MWF is in full compliance with the Consent Order.”

• In the Matter of Maui Wowi Franchising, Inc., Before the Securities Commissioner of Maryland (No. 2007-0194)

  concluded

  Government or regulatory action · Maui Wowi Franchising, Inc. (predecessor in interest to Kahala Franchising, L.L.C.) · 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, “MWF” entered into a Consent Order with the Maryland Commissioner resulting from MWF inadvertently entering into two franchise agreements with two Maryland residents (“Second Maryland Franchisees”) without delivering to them the appropriate Offering Circular.”Page 29 of the 2026 FDD, Item 3

  Outcome: “MWF fully complied with the Amended Consent Order, and subsequently employed a compliance monitor and was granted registration in the State of Maryland.”

Status not stated in the filing (3)

• Kahala Franchising, L.L.C. v. Byron Washington and Bram Berg

  Brought against a franchisee · United States District Court for the Southern District of New York · 1:25-cv-06392

  “… United States District Court for the Southern District of New York; Case No.: 1:25-cv-06392.”Page 31 of the 2026 FDD, Item 3

• Kahala Franchising, L.L.C. v. Golden Enterprises, Inc.; DBH Associates, LP, Deseret Sales, Inc., Randy Herzog, Laurie Herzog, Amy Wilson, Rob Wilson, Clare Hunter, Deobrah Hunter

  Brought against a franchisee · United States District Court in and for the Eastern District of Washington · 2:25-cv-00426

  “… United States District Court in and for the Eastern District of Washington; Case No.: 2:25-cv- 00426.”Page 31 of the 2026 FDD, Item 3

• Kahala Franchising, L.L.C. v. Mid Valley Foods, Inc., Candyce Dilbeck, Steve Hopkins, Gegory M. Hopkins

  Brought against a franchisee · United States District Court in and for the District of Arizona · 2:25-cv-04166-KML

  “… United States District Court in and for the District of Arizona; Case No.: 2:25-cv- 04166-KML.”Page 31 of the 2026 FDD, Item 3

Parent, affiliates, master franchisor and subfranchisor

Concluded (7)

• Pretzelsdallas1, Inc. v. Wetzel's Pretzels, LLC

  settled

  Brought by a franchisee · Wetzel's Pretzels, L.L.C. · filed 2019 · American Arbitration Association (Los Angeles, California) · AAA Case No.01-19-0002-9326

  “Pretzelsdallas1, Inc. v. Wetzel’s Pretzels, LLC; Los Angeles, California; AAA Case No.01-19- 0002-9326. On or about July 19, 2017, we entered into a franchise agreement with Pretzelsdallas1, Inc. (then known as Triple Scoops, Inc.). On or about September 11, 2019, Pretzelsdallas1, Inc., (“Claimant/Counter Respondent”) a franchisee, filed a demand for arbitration against Wetzel”Page 26 of the 2026 FDD, Item 3

  Outcome: “On September 24, 2021, the parties entered into a settlement agreement, in which a mutual release of all claims was agreed to, and Respondent/Counter Claimant paid Claimant/Counter Respondent the sum of $125,000. The matter was subsequently dismissed with prejudice.”

• Desert Ribs, L.L.C., Famous Gracie, L.L.C., Famous Freddie, L.L.C., Famous George, L.L.C. and Famous Charlie, L.L.C. v. Famous Dave's of America, Inc.

  settled

  Brought by a franchisee · Famous Dave's of America, Inc. · filed 2016-03-14 · American Arbitration Association, Minneapolis, Minnesota · 01 16 0000 8549

  “Desert Ribs, L.L.C., Famous Gracie, L.L.C., Famous Freddie, L.L.C., Famous George, L.L.C. and Famous Charlie, L.L.C. v. Famous Dave’s of America, Inc., American Arbitration Association, Minneapolis, Minnesota, Case No. 01 16 0000 8549. On March 14, 2016, the franchisees for the Famous Dave’s® Restaurants in Chandler, Peoria, Mesa and Gilbert, Arizona (“Claimants”) filed a Demand for Arbitration”Page 24 of the 2026 FDD, Item 3

  Outcome: “Upon the dismissal of the MFA claims, Claimants voluntarily dismissed their remaining claims against Famous Dave’s and entered into a confidential settlement agreement and mutual release (the “Settlement Agreement”), dated August 22, 2016, with Famous Dave’s.”

• Purav Enterprises, L.L.C., Balwant Bahia, and Paramjit Samra v. The Extreme Pita Franchising USA, Inc., EP Development, Inc., and Feisal Ramjee

  settled

  Brought by a franchisee · The Extreme Pita Franchising USA, Inc. (predecessor in interest to MTY Franchising USA, Inc.), EP Development, Inc., and Feisal Ramjee · 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 Enterprises, L.L.C., Balwant Bahia, and Paramjit Samra (collectively “Plaintiffs”), filed a complaint against The Extreme Pita Franchising USA, Inc.”Page 22 of the 2026 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. The matter was dismissed on March 16, 2016.”

• DTD Pizza LLC, Brian Watson, Alton Spears, LMP Enterprises LLC, et al. v. Papa Murphy's International LLC, et al. (Case No. 14-2-00904-0), consolidated with Mitch and Kristen Brink, et al. v. Papa Murphy's International LLC, et al. (Case No. 14-2-01743-3)

  settled

  Brought by a franchisee · Papa Murphy's International LLC, et al. · filed 2014 · Washington Superior Court, Clark County · 14-2-00904-0 (consolidated; the Brink case was 14-2-01743-3)

  “Concluded Arbitration and Litigation Involving Papa Murphy’s International, L.L.C. DTD Pizza LLC, Brian Watson, Alton Spears, LMP Enterprises LLC, Pizza Enterprises LLC, Alan and Denise Barnett, DOB Enterprises, Inc., Douglas and Lesia Billing, Rob & Bud's Pizza, Robert J. Dickerson Trust UA, Rob Dickerson,”Page 26 of the 2026 FDD, Item 3

  Outcome: “Each of the plaintiff groups entered into settlements with Papa Murphy’s in which they dismissed all of their claims against defendants with prejudice and the action was dismissed in June 2020.” (page 27)

• State of Maryland Determination

  concluded

  Government or regulatory action · Triune, LLC (predecessor of affiliate BF Acquisition Holdings, L.L.C.) · filed 2012 · Office of the Attorney General of Maryland · 2012-0073

  “… Case Number 2012-0073. In February 2012, the State of Maryland alleged that during the period January 1, 2009 to November 26, 2009, Triune, LLC (“Triune”): (i) did not retain signed acknowledgements of receipt reflecting the dates that its Franchise Disclosure Document was delivered to certain Maryland residents and non-residents;”Page 30 of the 2026 FDD, Item 3

  Outcome: “Without admitting or denying the allegations, in September 2012, Triune voluntarily entered into a Consent Order with the Office of the Attorney General of Maryland and agreed to: (i) not violate the Maryland Law in the future; (ii) pay the Office of the Attorney General the sum of $50,000 as a civil penalty;”

• State of Virginia Determination

  settled

  Government or regulatory action · Triune, LLC (predecessor of affiliate BF Acquisition Holdings, L.L.C.) · filed 2012 · Division of Securities and Retail Franchising of the State Corporation Commission (Virginia) · SEC-2012-00027

  “… Case Number 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, LLC (“Triune”): (i) offered or sold franchises in Virginia in 2009 that were not registered under the Virginia Retail Franchising Act”Page 30 of the 2026 FDD, Item 3

  Outcome: “Without admitting or denying the allegations, on November 26, 2012, Triune voluntarily entered into a Settlement Order with the Commission and agreed: (i) to not violate the Virginia Act in the future; (ii) to pay Virginia the sum of $25,000 as a penalty and the sum of $5,000 to defray the Commission’s costs of investigation;”

• In the Matter of SweetFrog Enterprises, L.L.C. f.k.a. Imagination Enterprises, Inc., d/b/a Sweet Frog, Administrative Proceeding Before the Securities Commissioner of Maryland

  concluded

  Government or regulatory action · SweetFrog Enterprises, L.L.C. f.k.a. Imagination Enterprises, Inc. (predecessor to affiliate SFF, L.L.C.) · Securities Commissioner of Maryland · 2012-0055

  “… Case No. 2012-0055. As a result of an inquiry into the franchise related activities of SweetFrog Enterprises, L.L.C.,”Page 28 of the 2026 FDD, Item 3

  Outcome: “On August 29, 2012, the Commissioner and SFE agreed to enter into a consent order whereby SFE, without admitting or denying any violations of the law, agreed to: (i) immediately and permanently cease from the offer and sale of franchises in violation of the Maryland Franchise Law; (ii) file and diligently pursue an application for an initial franchise registration in Maryland relating to the license agreements it ...”

Officers and directors (individuals, not the company)

Concluded (1)

• In re: Restaurants Acquisition I, LLC (Giuliano vs. W. Craig Barber et. al.)

  settled

  W. Craig Barber and Robert Langford · filed 2017-12-01 · United States Bankruptcy Court for the District of Delaware · 15-12406 (KG)

  “Concluded Arbitration and Litigation Involving VI BrandCo, L.L.C. In re: Restaurants Acquisition I, LLC (Giuliano vs. W. Craig Barber et. al. United States Bankruptcy Court for the District of Delaware on December 2, 2015 (Case No. 15-12406 (KG)).”Page 25 of the 2026 FDD, Item 3

  Outcome: “On March 6, 2019, Barber and Langford each settled with the Chapter 7 trustee by each agreeing to pay to the trustee and estate separate payments totaling $150,000 each over a three-year period.” (page 26)