SeaWorld couldn’t have predicted pandemic, federal judge rules

A U.S. judge in San Diego largely dismissed a putative class action filed by an annual passholder after SeaWorld closed during the public health emergency but kept charging monthly membership dues.

Plaintiff Lisa Kouball filed her lawsuit in May. She claim she was duped by the park's policy of providing unfettered access to those who pay monthly fees. Kouball v. SeaWorld Parks & Entertainment, 20CV0870 (S.D. Cal., filed May 8, 2020)

Kouball alleged claims for violations of the state's Consumer Legal Remedies Act, Unfair Competition Law, false advertising, breach of contract and unjust enrichment.

On Wednesday, Judge Cathy A. Bencivengo of the Southern District of California threw out most of Kouball's claims without prejudice but allowed Kouball to amend her case by Sept. 23. In her ruling, Bencivengo pointed out Kouball failed to identify any statement made by the park she relied on to believe she had unlimited access to the park.

"SeaWorld, like the rest of the world, would not have been aware it would need to temporarily close its parks due to an unprecedented global pandemic," Bencivengo wrote in her order. "Moreover, such temporary closures were likely required under state or local orders and the decision on how to charge customers or provide other relief would be dependent on the agreements between them."

Bencivengo dismissed with prejudice Kouball's claim for unjust enrichment, as she found the contract was valid and enforceable.

Similar cases have been filed against other entertainment companies over the shuttering of parks, and cancellation of games and events, most notably, federal actions filed against Major League Baseball and Six Flags Theme Parks.

Multiple cases were filed around the same time as the Kouball complaint, claiming companies that operate the theme parks continue to charge monthly fees for passholders despite the ceasing of operations. Shahriyar Rezai-Hariri v. Magic Mountain LLC 2:20CV00716 (C.D. Cal., filed April 10, 2020)

The consumer class action against Major League Baseball and several professional teams in the league also alleges similar violations accounting for all MLB tickets sold for the 2020 season, including single game purchases, public seat licenses. MLB refuses to refund money under the pretext of postponing games, or that they'll be played without spectators in the stands, the complaint alleges. Plaintiffs say they spent close to or more than $1,000 to attend multiple games in the season, according to the class action. Matthew Ajzenman, Susan Terry-Bazer v. Major League Baseball, et al. 2:20CV3643 (C.D. Cal., filed April 20, 2020)