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FDD Items 3 & 4 · 2024 filing

Golden Krust Caribbean Restaurant litigation history

What Golden Krust Caribbean Restaurant disclosed about lawsuits, arbitrations and bankruptcy in the 2024 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
3
Item 3, as counted in the filing
Largest settlement, franchisor's own cases
$1.9M
As stated in Item 3
Bankruptcy (Item 4)
None
Franchisor, parent, predecessor or officer
Filing year
2024
Disclosures cover the prior ten years

Extracted from the 2024 Franchise Disclosure Document

Item 3: litigation

Three arbitration/litigation matters disclosed: (1) GK v. Clayborne – GK prevailed, awarded ~$710K; (2) Auctus/Klayrock v. GK – franchisees prevailed, GK paid $1.95M settlement; (3) Clayborne v. GK – pending arbitration as of issuance date

Item 3 (litigation) · 3 matters disclosed · 1 pending listed

Litigation cases

The franchisor

Pending (1)

  • Keith A, Clayborne v. Golden Krust Franchising, Inc.

    pending

    Brought by a franchisee · filed 2022-10-30 · American Arbitration Association; U.S. District Court for the Southern District of Florida (22-62018-CIV-DIMITROULEAS) · 01-22-0004-5853

    “… Case No.: 01-22-0004-5853 (American Arbitration Association) and Case No. 22-62018-CIV-DIMITROULEAS (United States District Court for the Southern District of Florida).”Page 10 of the 2024 FDD, Item 3

Concluded (2)

  • Auctus Restaurant Group, Inc. and Klayrock, LLC v. Golden Krust Franchising Inc., Golden Krust Franchising Inc. v. Klayrock, LLC and Kishon Clayborne

    settled

    Brought by a franchisee · filed 2019-08-12 · American Arbitration Association; S.D.N.Y. (20-CV-7321) · 01-19-0002-5197

    “… Case No. 01-19-0002-5197 (American Arbitration Association (“AAA”)).”Page 9 of the 2024 FDD, Item 3

    Outcome: “we entered into a settlement agreement dated November 24, 2021, pursuant to which we paid Klayrock and Clayborne $1,950,000 in installments as payment in full for the award and the parties exchanged mutual releases.” (page 10)

  • Golden Krust Franchising, Inc. v. Keith Clayborne

    judgment

    Brought against a franchisee · filed 2018-12-13 · Arbitration · 01-18-0004-2768

    “… – Arbitration Nos. 01-18-0004-2768; 01-18-0004-2770. On December 13, 2018, we filed a Demand for Arbitration against former franchisees Keith Clayborne, Bernadette Clayborne, 7 “K” Corp., Golden Krust #6, LLC,”Page 9 of the 2024 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.

Disclosure signals that moved the score

How this shows up in the verdict

  • Active litigation involving non-competition, breach of contract, and discriminatory fee practices suggests franchisor-franchisee conflict and operational inconsistency

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?