RUMBLE MARINA CO., A CALIFORNIA CORPORATION ET AL VS. RUMBLE FITNESS, LLC, A NEW YORK LIMITED LIABILITY ET AL

Matter on the Law & Motion / Discovery calendar for Wednesday, October 22, 2025, Line 7. 2 - DEFENDANTS RUMBLE FITNESS, LLC, RUMBLE 1001, LLC, AND XPONENTIAL FITNESS, INC.'s MOTION TO STRIKE COMPLAINT.

Defendants Rumble Fitness LLC (collectively "Rumble Fitness") et al. move to strike plaintiffs Rumble Marina Co. and Jason Mighdoll (collectively Mighdoll)'s complaint insofar as it seeks attorneys' fees and punitive damages. The court denies the motion to strike.

With respect to attorneys' fees, Mighdoll pleads that he entered into an oral agreement with Rumble Fitness that contained the franchise agreement provisions set out in Exhibit 1. (Compl., para. 47.) Those provisions included a right to attorneys' fees by the company in the event of an enforcement action, which becomes a mutual fee provision by operation of Civil Code, section 1717.

With respect to punitive damages, as discussed in the court's companion order on demurrer, Mighdoll has adequately pleaded fraud. It is well established that fraud gives rise to a claim for punitive damages. (See Civ. Code, section 3294.)

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