Commitments and Contingencies | NOTE 16 COMMITMENTS AND CONTINGENCIES The Company leases its Century City restaurant location under an operating lease with a remaining term of 10 years. Restaurant leases typically include land and building shells, require contingent rent above the minimum base rent payments based on a percentage of sales ranging from 7% to 10%, have escalating minimum rent requirements over the term of the lease and require various expenses incidental to the use of the property. The lease also has a renewal option, which the Company may exercise in the future. The Companys current lease provides early termination rights, permitting the Company and its landlord to mutually terminate the lease prior to expiration if the Company does not achieve specified sales levels in certain years. As of September 27, 2015, the aggregate minimum annual lease payments under operating leases, including amounts characterized as deemed landlord financing payments are as follows: 2015 $ 50,243 2016 206,498 2017 212,692 2018 219,073 2019 225,645 Thereafter 38,265 Total $ 952,416 Rent expense for the Companys Century City operating lease was $34,767 and $34,766 for the thirteen weeks ended September 27, 2015 and September 28, 2014, respectively, and was $104,299 and $104,299 for the thirty-nine weeks ended September 27, 2015 and September 28, 2014, respectively. During the year ended December 31, 2012, GNH Topanga entered into a Lease Agreement with Westfield Topanga Owner, LP, a Delaware limited partnership, to lease approximately 5,900 square feet in the Westfield Topanga Shopping Center. The lease includes land and building shells, provides a construction reimbursement allowance of up to $475,000, requires contingent rent above the minimum base rent payments based on a percentage of sales ranging from 7% to 10% and require other expenses incidental to the use of the property. The lease also has a renewal option, which GNH Topanga may exercise in the future. The Companys current lease provides early termination rights, permitting the Company and its landlord to mutually terminate the lease prior to expiration if the Company does not achieve specified sales levels in certain years. The lease commenced on March 23, 2013, Topangas grand opening, and expires on April 30, 2022. As of September 27, 2015, the aggregate minimum annual lease payments under operating leases, including amounts characterized as deemed landlord financing payments are as follows: 2015 $ 59,730 2016 247,682 2017 257,589 2018 267,891 2019 278,606 Thereafter 694,884 Total $ 1,806,382 Rent expense for the Companys Topanga operating lease was $51,873 and $51,873 for the thirteen weeks ended September 27, 2015 and September 28, 2014, respectively, and was $155,617 and $155,617 for the thirty-nine weeks ended September 27, 2015 and September 28, 2014, respectively. On April 1, 2013, the Company entered into a Lease Agreement with Glendale II Mall Associates, LLC, a Delaware limited liability company, to lease approximately 6,000 square feet in the Glendale Galleria in the City of Glendale, County of Los Angeles, and State of California. The lease includes land and building shells, provides a construction reimbursement allowance of up to $475,000, requires contingent rent above the minimum base rent payments based on a percentage of sales ranging from 4% to 7% and require other expenses incidental to the use of the property. The lease commenced on November 21, 2013 and expires on October 31, 2023. Upon commencement, the aggregate minimum annual lease payments under operating leases, including amounts characterized as deemed landlord financing payments are as follows: 2015 $ 50,407 2016 203,648 2017 211,794 2018 220,266 2019 229,077 Thereafter 964,800 Total $ 1,879,992 Rent expense for the Companys Glendale operating lease was $44,064 and $45,867 for the thirteen weeks ended September 27, 2015 and September 28, 2014, respectively. And $132,192 and $138,075 for the thirty-nine weeks ended September 27, 2015 and September 28, 2014, respectively. Litigation The Companys CEO, Joey Parsi and a third party, were named in a complaint filed on July 19, 2012 in the Los Angeles Superior Court by Alex Nerush and Preferred Scan, Inc., alleging fraud, negligent misrepresentation, sale of securities by unlicensed broker, sale of securities by means of false and misleading statements, and money had and received. On August 21, 2014, Giggles N Hugs, Inc., the Company and Mr. Parsi entered into a settlement in the case of Nerush v. Steele et al filed in Los Angeles Superior Court, Case Number SC 117 806 (the Settlement). The Settlement was with Alex Nerush, Preferred Scan, Inc. (Preferred Scan), Richard Steele, Jr., Donald Stoecklein, and the Stoecklein Law Group, LLP (Law Group) where all allegations against the Company were dismissed with prejudice. The Settlement provided, among other things, the following: a) The Law Group agreed to release the sum of approximately 140,000 shares of unrestricted common stock of the Company, held by the United States District Court; b) Preferred Scan and Mr. Nerush shall dismiss, with prejudice, any and all causes of action against the Company and Mr. Parsi, in exchange for a cash payment of $20,000 and 150,000 of restricted shares of the Companys common stock. The $20,000 was paid in two equal payments with the first payment made August 22, 2014, and second made September 29, 2014; c) In exchange for 50,000 shares of the Companys unrestricted common stock, released pursuant to item (a) above; the Company and Mr. Parsi shall release any and all causes of action against Mr. Steele, Mr. Stoecklein and the Law Group in exchange for release from the Law Group of any obligation to pay attorneys fees totaling approximately $116,000, and of any and all causes of action against the Company and Mr. Parsi. On October 20, 2014, pursuant to the Settlement, 52,500 shares of restricted common stock were issued. On January 19, 2015, the Company issued 50,000 shares of unrestricted common stock related to the settlement. The distribution and issuance of the remaining 97,500 shares of restricted common stocks yet to be determined. The total number of shares of common stock issued pursuant to the Settlement is equal to less than one percent (1%) of the total number of shares of the Companys common stock issued and outstanding as of the Companys Annual Report on Form 10-K filed with the SEC on April 15, 2015. |