Comfort Dental litigation history

The franchisor

Concluded (10)

• Grano v. Eric Pacheco, DDS, Dental Partners of Brentwood Hills, LLC, Dental Partners of Alameda, LLC, Comfort Dental Inc. of New Mexico, Comfort Dental Group, Inc., and Rick Kushner, DDS

  concluded

  Brought by a third party · filed 2021-02-17 · New Mexico, County of San Miguel, Fourth Judicial District Court · D-412-CV-202000082

  “… N.M. County of San Miguel, 4th Judicial Dist. Ct., Case no. D-412-CV-202000082.”Page 13 of the 2024 FDD, Item 3

  Outcome: “In June 2023, the court granted CDGI’s and Kushner’s motion for summary judgment on all claims against them. In August 2023, in order to avoid additional attorney’s fees to defend Plaintiff’s appeal, CDGI contributed $12,500 to a global settlement of all claims. On November 27, 2023, the court dismissed the lawsuit with prejudice.”

• Rajabi v. Comfort Dental Group, Inc., Colorado and Yale Dental Partners, Prof. LLP, Dr. Matthew David Carlston, Englewood Dental Partners, Prof. LLP, Dr. Amy Irene Hazen, and Dr. Hillery J. Oliver

  concluded

  Brought by a third party · filed 2021-04-21 · District Court for the City and County of Denver, Colorado · 2021CV201

  “… Dist. Ct. for the City and County of Denver, CO, Case no. 2021CV201.”Page 14 of the 2024 FDD, Item 3

  Outcome: “The court granted a motion to dismiss Dr. Carlston on December 1, 2021, and CDGI was dismissed on January 13, 2022.”

• Comfort Dental Group, Inc. v. Dr. David Lindman, D.D.S. v. Dr. Ramsey Warner, D.D.S. and Dr. Owen Eames, D.D.S.

  concluded

  Brought by the franchisor · filed 2020-09-21 · American Arbitration Association · 02-20-0014-9645

  “… Case no. 02-20-0014-9645 (Am. Arb. Ass’n). On September 21, 2020, CDGI filed a Demand for Arbitration and Request for Mediation against former franchise owner Dr. David Lindman (“Lindman”), alleging breach of the Franchise Agreement and approximately $145,000 owed to CDGI.”Page 13 of the 2024 FDD, Item 3

  Outcome: “On January 11, 2021, the parties settled these claims in an agreement whereby Third-Party Defendants agreed to pay $147,000 to CDGI in exchange for Lindman’s assignment of his interest in the Franchise Agreement to Third-Party Defendants. The arbitration was dismissed on January 20, 2021.”

• Gutierrez and Montoya v. Bogopane, Lighthall, Greene, Dental Partners of Cottonwood, LLP, Dental Partners of Rio Rancho, LLC, Irick, Comfort Dental Inc. of New Mexico, Kushner, Comfort Dental Group, Inc., and John and Jane Does 1-20

  concluded

  Brought by a third party · filed 2018-08-06 · New Mexico, County of Bernalillo, Second Judicial District Court · D202CV201805811

  “D202CV201805811. Plaintiff Gutierrez is a former patient of respondent Bogopane (“Bogopane”), a general dentist and owner of a Comfort Dental subfranchisee, Dental Partners of Cottonwood, LLP.”Page 13 of the 2024 FDD, Item 3

  Outcome: “On August 20, 2019, the court granted CDGI’s motion for summary judgment and dismissed the case with prejudice.”

• Padilla v. Comfort Dental Group, Inc., Comfort Dental Inc. of New Mexico, Dental Partners of Lomas, LLC, Budget Dental Lab, LLC, Tharp, John Doe 1, and Jane Does 1 and II

  concluded

  Brought by a third party · filed 2016 · New Mexico, County of Bernalillo, Second Judicial District Court · D202CV201600126

  “… N.M. County of Bernalillo, 2d Judicial Dist. Ct., Case no. D202CV201600126.”Page 13 of the 2024 FDD, Item 3

  Outcome: “On February 20, 2020, CDGI paid $25,000 to Plaintiff to settle all claims against it and the claims were dismissed.”

• State of Washington, Department of Health (Notice of Intent to Issue Cease and Desist Order)

  concluded

  filed 2016-07-05 · State of Washington Department of Health · M2016-153, M2016-154, M2016-156, M2016-695

  “State of Washington, Department of Health, Case Nos. M2016-153, M2016-154, M2016-156, M2016-695. On July 5, 2016, the Washington Department of Health served a Notice of Intent to Issue Cease and Desist Order on Comfort Dental Group, Inc., Kent McMahan, Graig Bears and CDWA, LLC (together, “Respondents”), alleging that Respondents engaged in the unlicensed practice of dentistry”Page 12 of the 2024 FDD, Item 3

  Outcome: “Respondents agreed to an Order effective March 8, 2017, agreeing to cease and desist from conduct constituting the practice of dentistry in Washington, revise the terms of subfranchise agreements, and pay a fine of $25,000.”

• Smile One, Prof. LLC, Dr. Craig Bahr, and Dr. Carl Bahr v. Comfort Dental Group, Inc., Comfort Smile, P.C., Rick Kushner, Graig Bears, Neil Norton, and Mike Bloss

  concluded

  filed 2015-09-04 · American Arbitration Association · 01-15-0004-8922

  “… Case No. 01-15-0004-8922 (American Arbitration Association). Plaintiff Smile One, Prof. LLC (“Smile One”) was a Master Franchisor of Comfort Dental. Smile One is owned by Drs. Craig and Carl Bahr (together with Smile One, “Plaintiffs”). On September 4, 2015, Plaintiffs filed an arbitration demand and complaint asserting claims”Page 12 of the 2024 FDD, Item 3

  Outcome: “This arbitration was closed on December 1, 2016.”

• State of Washington Department of Health (investigation into the corporate practice of dentistry)

  concluded

  filed 2015-03-20 · State of Washington Department of Health · 2014-4364(DE/UL), 2014-5903(DE/UL), 2014-5904(DE/UL)

  “State of Washington Department of Health, Case Nos. 2014-4364(DE/UL) and 2014- 5903(DE/UL), 2014-5904(DE/UL) (March 20, 2015). The Washington Department of Health received a complaint alleging that CDGI and CDWA, LLC, a COMFORT DENTAL Master Franchisor, were engaged in the corporate practice of dentistry”Page 11 of the 2024 FDD, Item 3

  Outcome: “This investigation was resolved by the Order effective on March 8, 2017, in the action described in paragraph 6 below.”

• CDMO, Inc. & CDET, Inc. v. Comfort Dental Group, Inc.

  concluded

  filed 2014-03-26 · United States District Court for the District of Colorado · 1:14-cv-00871-RPM-MJW

  “… Civil Action No. 1:14-cv-00871-RPM- MJW (U.S. Dist. Ct. Colo.). CDMO, Inc. and CDET, Inc. (“Plaintiffs”) were both Master Franchisors of Comfort Dental Group, Inc. (“Respondent”). On March 26, 2014, Plaintiffs filed litigation against Respondent asserting claims for declaratory judgment, fraudulent inducement, breach of contract and breach of the covenant of good faith and fair dealing”Page 11 of the 2024 FDD, Item 3

  Outcome: “Respondent purchased certain assets from Plaintiffs for net consideration of $1,520,000. The Court dismissed this case with prejudice on November 30, 2016.”

• In the Matter of Comfort Dental Group, Inc., Rick Kushner, Neil Norton and Graig Bears

  concluded

  Government or regulatory action · filed 2012-05-01 · State of Washington Department of Financial Institutions, Securities Division · S-11-0766-12-CO01

  “… Order No. S-11-0766-12-CO01 (State of WA, Dept. of Financial Institutions Securities Division). On May 1, 2012, Comfort Dental Group, Inc., Rick Kushner, Neil Norton and Graig Bears (collectively, the “Respondents”) entered into a Consent Order in which they neither admitted nor denied findings of fact”Page 12 of the 2024 FDD, Item 3

  Outcome: “Respondents agreed that they would comply with the Act and pay $7,688 to the Securities Division for costs and expenses.”

Officers and directors (individuals, not the company)

Concluded (1)

• Stipulated Cease and Desist Order in the Matter of the Unauthorized Medicaid Billing by Claude Michael Bloss, D.D.S.

  concluded

  Claude Michael Bloss, D.D.S. - matched by name to “Mike Bloss, D.D.S.”, Vice President and Treasurer of Comfort Dental Group, Inc. per Item 2; the filing itself does not make the link (see count_note) · filed 2016-01-29 · Colorado Dental Board, State of Colorado (Panel B) · 2015-4120-B

  “… Case No. 2015-4120-B (Colorado Dental Board, State of Colorado). On January 29, 2016, Panel B of the Colorado Dental Board”Page 12 of the 2024 FDD, Item 3

  Outcome: “Consequently, the Board ordered Dr. Bloss to cease and desist from the submission of Medicaid billings under another dentist’s National Provider Identifier.”