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In-N-Out sues YouTuber over fake employee prank video

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In-N-Out sues YouTuber over fake employee prank video

In-N-Out Burger has filed a lawsuit against a YouTube personality for allegedly impersonating a company employee, filming customers without their consent and posting videos sharing false and misleading information about the popular California burger chain.

The federal lawsuit, filed in Santa Ana on June 20, stems from a video Bryan Arnett posted to his YouTube channel on April 25. In the now-private video, Arnett posed as an In-N-Out employee at multiple Southern California locations while the chain’s restaurants were closed for Easter Sunday.

Wearing the restaurant’s signature uniform — a white T-shirt, red apron and paper hat — Arnett pretended to take drive-thru orders from unsuspecting customers. The video showed him offering fake menus, making inappropriate comments and asking uncomfortable personal questions.

In one clip of the video posted to TikTok, Arnett and an accomplice staged a scene where they pretended that a cockroach was found in a meal, with Arnett claiming the location was experiencing “a pretty bad cockroach problem” that week. Another clip captured him asking a customer if they would be interested in sleeping with his wife while he watched.

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According to the lawsuit, Arnett also made false statements suggesting the chain served food “doggy style” and that a “manager” had put his “feet in the lettuce” served to customers.

This isn’t Arnett’s first run-in with In-N-Out management. He was previously removed from locations for trying to pay for strangers’ orders with pennies and for posting fake “employee of the month” plaques featuring his own photo in dining areas.

The content creator, who has built a following on YouTube and Instagram through videos of himself breaking social norms, recently posted a vlog showing him living inside a Planet Fitness gym to see how long he could stay before being ejected.

In-N-Out, which operates 421 locations across the United States — 283 of them in California — has consistently defended its family-oriented brand reputation. The Irvine-based (as of now) company pursued legal action against another YouTuber for similar pranks in 2018.

The chain is also known for hosting international pop-ups as a strategy to maintain its global trademarks and protect its brand identity worldwide. It has previously sued copycat restaurants in Utah, Mexico and Australia for trademark infringement.

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“In-N-Out cares deeply about its customers, the goodwill those customers have for its brand, and the Associates who work tirelessly to uphold that brand by their commitment to ensuring every customer has a positive experience,” the lawsuit states.

In a YouTube video posted Monday, Arnett responded to the legal action with apparent indifference.

“It’ll probably be annoying or whatever, but whatever’s gonna happen is gonna happen,” he said. The video has since been made private.

Arnett did not immediately respond to requests for comment about the lawsuit.

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Orange County real estate investor pleads not guilty in $100 million bank fraud case

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Orange County real estate investor pleads not guilty in 0 million bank fraud case

An Orange County real estate investor accused of criminally defrauding an Arizona bank of nearly $100 million pleaded not guilty Monday and remains in custody.

Mahender Makhijani, 44, of Corona del Mar — who also was ordered by an arbitrator to pay $1.34 billion in a separate civil fraud case — was arraigned in Santa Ana federal court on two charges.

He is accused of bank fraud and making a false statement to a bank in a June 8 case involving a $100 million real estate loan made by Phoenix-based Western Alliance Bank. He was taken into custody on June 10.

Makhijani is accused of providing bogus collateral for the October 2024 loan now in default. In a civil lawsuit, Western Alliance said the outstanding balance as nearly $99 million.

Prosecutors say he falsified title insurance policies that showed the bank would have a first lien on the underlying collateral if the loan went bad, when in fact it did not.

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A trial was set for August 11 before U.S. District Judge David O. Carter in Santa Ana.

Michael Schachter, his criminal defense attorney, did not respond to messages seeking comment.

In the civil case, an arbitrator in May ordered Makhijani to pay Laguna Beach real estate mogul Mohammad Honarkar $1.34 billion after ruling he had fraudulently induced him into a 2021 joint venture — and then wrested control and lost to creditors more than two dozen properties Honarkar had owned.

Makhijani has not been criminally charged in that case, but prosecutors alleged in an affidavit in support of the bank fraud charges that he used “force and threats” in his dealings with Honarkar and others — including taking over the landmark Hotel Laguna in 2023 that Honarkar was renovating.

Prosecutors sought to hold Makhijani without bail after his arrest.

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The affidavit noted he is a legal Indian immigrant with a home and bank accounts in that country, has access to private jets and threatened to “run away” if caught in a difficult situation.

The request was denied and he was granted $500,000 bail.

However, Makhijani remains in custody after a hearing sought by prosecutors last month before Magistrate Judge Autumn Spaeth.

The judge declined to accept a $450,000 cashier’s check submitted by a Makhijani associate for the bail, finding insufficient proof the source of the funds was legitimate, according to court records.

Makhijani is not prominent outside Orange County real estate circles, but he established a thriving distressed-assets business over the last decade that attracted prominent Southern California real estate investors.

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Prosecutors said it paid for a lifestyle that included two multimillion-dollar homes in Corona del Mar, a luxury apartment in Newport Beach and various luxury vehicles.

As of last month, prosecutors had not fully traced his assets, which they believe are not held in his name and some of which may be in India.

The businessman employed an array of shell companies and strawmen to sign documents on his behalf, and to stand in for him as operators of his companies, according to the affidavit.

Makhijani told an associate he took extra precautions because wanted to insulate himself from litigation and that “they were sharks in the distressed world who took advantage of people,” the affidavit stated.

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Many indie festival films struggle to get distribution. Alamo Drafthouse is trying to change that

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Many indie festival films struggle to get distribution. Alamo Drafthouse is trying to change that

Dine-in movie theater chain Alamo Drafthouse Cinema is launching a new initiative to show unreleased independent films that had successful festival runs, a move that comes as specialty films have struggled to gain distribution.

The Alamo Exclusives program, announced Wednesday, will give limited theatrical runs to films that showed at festivals including Sundance, the Toronto International Film Festival, Tribeca Festival and South by Southwest festival, as well as Alamo’s own Fantastic Fest.

The idea is to help showcase films that received critical acclaim, but did not secure distribution or acquisition deals. The chain will not acquire these films, but instead will enter into agreements with filmmakers to exhibit their films on Alamo Drafthouse screens. By showing these films to audiences on the big screen, these films could get the momentum they need for further opportunities.

The program’s first film will be the documentary “Butthole Surfers: The Hole Truth and Nothing Butt,” which debuted last year at South by Southwest and chronicles the history of the punk rock band.

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The film will be shown in Alamo Drafthouse theaters for a limited time later this summer.

The Austin-based chain, which is owned by Sony Pictures, has a long history of curating indie films for its audiences, giving Alamo Drafthouse confidence that its viewers want to see these kinds of movies, company chief executive Michael Kustermann said in a statement.

“Time and again, they’ve shown they’ll come out to support bold, original films when given the opportunity,” he said. The new Alamo Exclusives “gives us another way to champion filmmaker-driven films that deserve to be discovered and connect them with the wider Alamo Drafthouse audience.”

The initiative comes at a difficult time for indie films. Since the pandemic upended the movie business, traditional studios and distributors have had less appetite for risk, including betting on smaller indie films out of festivals.

And as the 2023 dual writers’ and actors’ strikes thinned out theatrical lineups, that aversion to uncertainty became a push for reliable and profitable hits.

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“Too many incredible films premiere at festivals and then never receive the theatrical life they deserve,” Lisa Dreyer, director of Fantastic Fest and film innovation at Alamo, said in a statement. “We are actively searching for films across all genres, from horror to comedy, to everything in-between, to champion in this new, exciting way.”

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FDA escalates recall of Utz brand potato chips before July Fourth holiday

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FDA escalates recall of Utz brand potato chips before July Fourth holiday

The recall of a popular chip brand over salmonella concerns was recently upgraded to the U.S. Food and Drug Administration’s highest level, just ahead of the Fourth of July holiday and countless backyard barbecues.

On June 24, the FDA designated the recall of several varieties of Zapp’s and Dirty brand potato chips as Class I, meaning it’s “a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death.”

FDA has classified the following items as Class I:

Zapp’s

  • 1.5-ounce Zapp’s Bayou Blackened Ranch Kettle Chips
  • 2.5- and 8-ounce Zapp’s Bayou Blackened Ranch Potato Chips
  • 1.5- and 8-ounce Zapp’s Big Cheezy Potato Chips

Dirty

  • 1.5- and 2-ounce Dirty Brand Salt and Vinegar Potato Chips
  • 2-ounce Dirty Maui Onion Chips
  • 2-ounce Dirty Sour Cream and Onion Potato Chips

The chips are produced by Utz Quality Foods, LLC, which on April 28 issued a recall after learning “that a seasoning containing dry milk powder, sourced from California Dairies, Inc. and supplied by a third-party supplier, may contain the presence of Salmonella.”

Salmonella can lead to sometimes deadly infections in elderly people, young children and those with weakened immune systems, according to the FDA.

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More than 680,000 bags are included in the recall.

Anyone who has these products should not eat them and should discard them immediately.

What to look for

Salmonella is a foodborne illness that can be fatal to young children, pregnant women, older adults and people with weakened immune systems, according to the National Institutes of Health.

Symptoms may develop 12 to 72 hours after infection, according to the FDA.

The FDA said that people with strong immune systems infected with salmonella may experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. The illness can last four to seven days.

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In rare cases, the infection may produce more severe illnesses such as arterial infections, endocarditis and arthritis, the agency added.

What to do if infected

If you contract salmonella, the Centers for Disease Control and Prevention recommends drinking plenty of fluids to prevent dehydration.

The CDC advises consulting a doctor before taking antidiarrheal medicine or antibiotics. If severe symptoms continue after two days, seek medical help, the agency says.

Because those with diarrhea can spread salmonella to others, it’s also recommended to avoid sharing food or preparing meals for others, sexual contact and swimming in public pools, and to stay home while sick.

Times staff writer Jasmine Mendez contributed to this report.

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