A Los Angeles Superior Court judge has found FitLab, Inc. insolvent under California’s attachment law while granting a contractor’s emergency request to attach up to $954,984.15 of the company’s property.
Judge Joseph Lipner signed the order September 29 in a lawsuit brought by Hughes-Nelson Painting, Inc., doing business as Apex Imaging Services. The case is Hughes-Nelson Painting, Inc. v. FitLab, Inc., et al., No. 26STCV11278.
Hybrid Fitness Media has been reporting on the fallout across FitLab’s portfolio of fitness brands since July, including Y7, Ragnar, Assault Fitness, and its former Nike Studios locations.
In a declaration supporting the request, Apex’s attorney said plaintiffs in at least 16 pending cases are seeking a combined at least $5.23 million from FitLab. Those figures are claims made in pending lawsuits, not amounts awarded by a court.
No one appeared for the defendants, including FitLab, at the September 29 hearing, according to the court minutes.
The ruling is not a bankruptcy filing or a final judgment in the case. It is a preliminary finding made for purposes of the attachment request.
The court found that Apex had established the probable validity of its claim and that FitLab “has failed to pay the debt underlying the requested attachment and is insolvent” under California Code of Civil Procedure section 485.010.
Under that section, a defendant is considered insolvent, for purposes of attachment, when it is generally not paying its undisputed debts as they become due.
The court also found a danger that the property could be substantially impaired in value or made unavailable to levy if the order were delayed until a regular hearing.
Apex must first post a $10,000 bond before it can attach FitLab property up to the authorized amount.
The order does not give Apex money now, and it applies only to FitLab, not co-CEOs Brian Kirkbride or Mike Melby personally.
HFM previously reported on Apex’s lawsuit, filed April 8, over unpaid construction work at FitLab’s Nike Studios locations.
According to Apex’s filings, the companies signed a master contract in June 2024 for work that included Nike Studios locations in Culver City and Santa Monica, California, along with Bee Cave and Austin, Texas.
Apex says FitLab had fallen behind on payments by December 2025. The companies later signed a payment agreement covering what Apex describes as an undisputed $1,003,993 debt. Apex says FitLab made an initial $100,000 payment but failed to make further payments.
FitLab denied Apex’s allegations in its June 30 answer. The company said Apex “left the project without completing its work under the contracts.”
The cases cited by Apex include eviction actions, lease disputes, contract claims, and suits from lenders. The court has not decided the merits of those separate cases.
Among the matters cited were claims by 8700 Monica LLC for at least $2 million tied to a West Hollywood lease, DexSports, Inc. for $670,425.65, Los Olivos Marketplace for $500,000, Cashfloit for $315,000, and Venture Lending & Leasing VIII and IX for $229,973.62.
HFM has previously reported on FitLab’s tax liens and high-cost financing.
The court moved two planned October 28 hearings up to September 29 and canceled the later dates. The next court date is a case management conference on October 27.
Hybrid Fitness Media has repeatedly contacted FitLab co-CEOs Brian Kirkbride and Mike Melby. They have not responded since early August.