Case 3:20-cv-00870-H-BGS Document 1 Filed 05/08/20 PageID.1 Page 1 of 16

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LAW OFFICES OF RONALD A. MARRON, APLC
RONALD A. MARRON (SBN 175650)
ron@consumersadvocates.com
MICHAEL T. HOUCHIN (SBN 305541)
mike@consumersadvocates.com
LILACH HALPERIN (SBN 323202)
lilach@consumersadvocates.com
651 Arroyo Drive
San Diego, California 92103
Telephone:(619) 696-9006
Facsimile: (619) 564-6665
Attorneys for Plaintiff and the Proposed Class

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LISA KOUBALL, on behalf of herself, Case No.: '20CV0870 H
and all others similarly situated,
CLASS ACTION
Plaintiff,
v.
COMPLAINT
SEAWORLD PARKS &
ENTERTAINMENT, INC.,

BGS

DEMAND FOR JURY TRIAL

Defendant.

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Kouball v. SeaWorld Parks & Entertainment, Inc.
CLASS ACTION COMPLAINT

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INTRODUCTION
1.

Plaintiff Lisa Kouball (“Plaintiff”) brings this action on behalf of

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herself and all others similarly situated against Defendant SeaWorld Parks &

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Entertainment, Inc. (“SeaWorld” or “Defendant”). Plaintiff makes the following

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allegations pursuant to the investigation of her counsel and based upon information

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and belief, except as to the allegations specifically pertaining to herself, which are

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based on personal knowledge:

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JURISDICTION AND VENUE
2.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. §

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1332(d)(2)(A) because this case is a class action where the aggregate claims of all

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members of the proposed class are in excess of $5,000,000, exclusive of interest and

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costs, and most members of the proposed nationwide class are citizens of states

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different from the states of Defendant.

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3.

This Court has general jurisdiction over Defendant because it conducts

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substantial business within California such that Defendant has significant,

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continuous, and pervasive contacts with the State of California.

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4.

Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because the

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challenged fee practices have been committed in this District and because Plaintiff

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resides and suffered the alleged harm in this District.

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FACTUAL ALLEGATIONS
5.

Defendant SeaWorld has made the unconscionable decision to keep

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charging its thousands of customers monthly membership fees while closing its

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amusement parks as the novel coronavirus, COVID-19, rages throughout the world

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and the United States economy has gone into a deep recession.

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6.

Defendant is the operator of several amusement parks and water parks

throughout the United States, operating in locations such as San Diego, California,

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Kouball v. SeaWorld Parks & Entertainment, Inc.
CLASS ACTION COMPLAINT

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Orlando, Florida, and San Antonio, Texas.1 Defendant offers annual passes to its

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customers that allow them access Defendant’s amusement and water parks on an

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unlimited basis.2 Defendant’s customers are charged a monthly fee for annual passes

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that range from $10.00 per month to $17.75 per month.3

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To sign up for Defendant’s annual membership program, customers

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often provide Defendant with their credit card or debit card information. Defendant

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then automatically charges its customers’ credit or debit cards as payments are due

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on a monthly basis.

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8.

In approximately March of 2020, Defendant closed all of its amusement

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parks and water parks due to the COVID-19 pandemic. However, unlike most of its

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competitors, Defendant continued charging its customers monthly membership

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fees— at full price. Defendant is able to unilaterally charge its customers monthly

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fees without their consent, as it is in possession of its members’ debit and credit card

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information. Thus, Defendant has made the deliberate decision to bilk its customers

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out of a monthly membership fee while its members do not have access to

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Defendant’s amusement parks and water parks. The sole reason Defendant’s

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customers pay monthly membership fees is to have access to Defendant’s

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amusement parks and water parks. Now, Defendant is charging is customers full

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price while denying customers access to its amusement parks and water parks.

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Plaintiff seeks relief in this action individually, and on behalf of all of

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Defendant’s customers nationwide that have paid or were charged fees while

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Defendant’s amusement parks and water parks were closed for Defendant’s

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violations of the California Consumer Legal Remedies Act (“CLRA”), Civil Code

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https://seaworld.com/ (last visited May 8, 2020).

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https://seaworld.com/san-diego/annual-pass/ (last visited May 8, 2020).

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Id.

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Kouball v. SeaWorld Parks & Entertainment, Inc.
CLASS ACTION COMPLAINT

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§§1750, et seq., Unfair Competition Law (“UCL”), Bus. & Prof. Code §§ 17200, et

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seq., False Advertising Law (“FAL”), Bus. & Prof. Code §§ 17500, et seq., for

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breach of contract, unjust enrichment, and money had and received.

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PARTIES
10.

Plaintiff Lisa Kouball is a citizen of California, residing in San Diego

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County, California. Ms. Kouball purchased a total of four annual passes to attend

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Defendant’s amusement park located in San Diego, California, paying a total of

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$48.99 per month on a month-to-month basis for the four annual membership

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passes. In approximately March of 2020, Defendant closed its amusement parks and

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water parks, including the SeaWorld amusement park in San Diego, California that

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Plaintiff attended. However, on approximately April 23, 2020, Defendant charged

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Plaintiff’s credit card in the full amount of her month-to-month memberships—

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$48.99— even though Plaintiff does not have access to Defendant’s amusement

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parks. Further, Defendant has not refunded Plaintiff any part of her monthly fee for

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the time in which Defendant’s amusement parks and water parks have remained

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closed. Plaintiff signed up for Defendant’s annual membership passes with the

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belief and on the basis that he would have access to SeaWorld San Diego amusement

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park at any time during the month in which she was charged. Plaintiff would not

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have paid for the membership, or would not have paid for it on the same terms, had

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she known that she would not have access to Defendant’s amusement park. Plaintiff

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continues to face imminent harm, as Defendant continues charging its customers

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monthly fees while all of its amusement parks and water parks remain closed.

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11.

Defendant SeaWorld Parks & Entertainment, Inc. is a Delaware

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corporation that maintains its principal place of business at 6240 Sea Harbor Drive,

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Orlando, Florida 32821. Defendant is the operator of several amusement parks and

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water parks nationwide, including the SeaWorld amusement park located in San

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Diego, California.

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Kouball v. SeaWorld Parks & Entertainment, Inc.
CLASS ACTION COMPLAINT

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CLASS ACTION ALLEGATIONS
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Plaintiff brings this action as a class action under Federal Rule of Civil

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Procedure 23 on behalf of a Class consisting of all persons in the United States who

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were charged annual membership fees for a period in which Defendant’s amusement

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parks and water parks were closed.

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13.

Plaintiff also seeks to represent a subclass defined as all members of

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the Class who are members of Defendant’s amusement parks and water parks located

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in California. (the “California Subclass”).

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14.

Plaintiff reserves the right to amend or modify the Class definition with

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greater specificity or further division into subclasses or limitation to particular issues

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as discovery and the orders of this Court warrant.

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15.

Excluded from the Class are the Defendant, the officers and directors

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of the Defendant at all relevant times, members of its immediate families and their

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legal representatives, heirs, successors or assigns and any entity in which Defendant

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has or had a controlling interest.

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16.

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represent.

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Plaintiff is a member of the Class and California Subclass she seeks to
Defendant has thousands of customers nationwide that have paid or

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were charged fees while Defendant’s amusement parks and water parks were closed.

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Accordingly, members of the Class are so numerous that their individual joinder

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herein is impracticable. The precise number of Class members and their identities

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are unknown to Plaintiff at this time but may be determined through discovery.

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Common questions of law and fact exist as to all Class members and

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predominate over questions affecting only individual Class members. Common legal

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and factual questions include, but are not limited to whether Defendant has breached

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its contract with its customers and whether its actions are fraudulent and unlawful.

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Kouball v. SeaWorld Parks & Entertainment, Inc.
CLASS ACTION COMPLAINT

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19.

The claims of the named Plaintiff are typical of the claims of the Class

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in that the named Plaintiff was exposed to Defendant’s false and misleading

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advertising and was charged membership fees despite being barred from entry into

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Defendant’s amusement parks and water parks, and suffered losses as a result.

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20.

Plaintiff is an adequate representative of the Class because Plaintiff’s

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interests do not conflict with the interests of the Class members Plaintiff seek to

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represent, Plaintiff has retained competent counsel experienced in prosecuting class

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actions, and Plaintiff intends to prosecute this action vigorously. The interests of

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Class members will be fairly and adequately protected by Plaintiff and her counsel.

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21.

The class mechanism is superior to other available means for the fair

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and efficient adjudication of the claims of the Class members. Each individual Class

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member may lack the resources to undergo the burden and expense of individual

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prosecution of the complex and extensive litigation necessary to establish

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Defendant’s liability. Individualized litigation increases the delay and expense to all

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parties and multiplies the burden on the judicial system presented by the complex

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legal and factual issues of this case. Individualized litigation also presents a potential

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for inconsistent or contradictory judgments. In contrast, the class action device

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presents far fewer management difficulties and provides the benefits of single

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adjudication, economy of scale, and comprehensive supervision by a single court on

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the issue of Defendant’s liability. Class treatment of the liability issues will ensure

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that all claims and claimants are before this Court for consistent adjudication of the

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liability issues.

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FIRST CAUSE OF ACTION

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Violation of California’s Consumers Legal Remedies Act

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Cal. Civ. Code §§ 1750, et seq.

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Plaintiff hereby incorporates by reference the allegations contained in

all preceding paragraphs of this complaint.

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Kouball v. SeaWorld Parks & Entertainment, Inc.
CLASS ACTION COMPLAINT

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23.

Plaintiff brings this claim individually and on behalf of members of the

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proposed Class against Defendant. Plaintiff also brings this claim individually and

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on behalf of members of the proposed California Subclass against Defendant.

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Plaintiff and Class members are consumers who paid fees for use of

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Defendant’s amusement parks and water parks for personal, family or household

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purposes. Plaintiff and the Class are “consumers” as that term is defined by the

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CLRA in Cal. Civ. Code § 1761(d).

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25.

Defendant’s amusement park and water park access that Plaintiff and

Class members purchased from Defendant was a “service” within the meaning of
Cal. Civ. Code § 1761(b).
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Defendant’s actions, representations, and conduct have violated, and

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continue to violate the CLRA, because they extend to transactions that intended to

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result, or which have resulted in, the sale of services to consumers.

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Defendant’s advertising that its amusement parks and water parks

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would be available to its customers and that its customers would have access to its

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amusement parks and water parks upon paying a membership fee is false and

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misleading to a reasonable consumer, including Plaintiff, because Defendant in fact

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closed all of its amusement parks and water parks while continuing to charge its

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customers the full price of membership.

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California’s Consumers Legal Remedies Act, Cal. Civ. Code §

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1770(a)(5), prohibits “[r]epresenting that goods or services have sponsorship,

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approval, characteristics, ingredients, uses, benefits, or quantities which they do not

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have or that a person has a sponsorship, approval, status, affiliation, or connection

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which he or she does not have.” By engaging in the conduct set forth herein,

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Defendant violated and continue to violate Section 1770(a)(5) of the CLRA, because

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Defendant’s conduct constitutes unfair methods of competition and unfair or

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Kouball v. SeaWorld Parks & Entertainment, Inc.
CLASS ACTION COMPLAINT

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fraudulent acts or practices, in that Defendant misrepresented the particular

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characteristics, benefits and quantities of the services.

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Cal. Civ. Code § 1770(a)(7) prohibits representing that goods or

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services are of a particular standard, quality, or grade, or that goods are of a particular

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style or model, if they are of another. By engaging in the conduct set forth herein,

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Defendant violated and continues to violate Section 1770(a)(7) of the CLRA,

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because Defendant’s conduct constitutes unfair methods of competition and unfair

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or fraudulent acts or practices, in that Defendant misrepresents the particular

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standard, quality or grade of the services.

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30.

Cal. Civ. Code § 1770(a)(9) further prohibits “[a]dvertising goods or

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services with intent not to sell them as advertised.” By engaging in the conduct set

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forth herein, Defendant violated and continues to violate Section 1770(a)(9), because

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Defendant’s conduct constitutes unfair methods of competition and unfair or

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fraudulent acts or practices, in that Defendant advertises services with the intent not

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to sell the services as advertised.

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31.

Plaintiff and the Class acted reasonably when they purchased

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Defendant’s amusement park and water park passes on the belief that Defendant’s

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representations were true and lawful.

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32.

Plaintiff and the Class suffered injuries caused by Defendant because

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(a) they would not have purchased or paid for Defendant’s amusement park and

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water park memberships absent Defendant’s representations and omission of a

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warning that it would continue charging customers’ credit cards and debit cards

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while all of Defendant’s amusement parks and water parks nationwide are closed;

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(b) they would not have purchased amusement park and water park memberships on

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the same terms absent Defendant’s representations and omissions; (c) they paid a

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price premium for Defendant’s amusement park and water park memberships based

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on Defendant’s misrepresentations and omissions; and (d) Defendant’s amusement

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CLASS ACTION COMPLAINT

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park and water park memberships did not have the characteristics, benefits, or

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quantities as promised.

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33.

Under California Civil Code § 1780(a), Plaintiff and members of the

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Class seek injunctive and equitable relief for Defendant’s violations of the CLRA.

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Plaintiff will mail an appropriate demand letter consistent with California Civil Code

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§ 1782(a). If Defendant fails to take corrective action within 30 days of receipt of

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the demand letter, Plaintiff will amend her complaint to include a request for

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damages as permitted by Civil Code § 1782(d).

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Wherefore, Plaintiff seeks injunctive and equitable relief for these

violations of the CLRA.

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SECOND CAUSE OF ACTION

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Violation of California’s Unfair Competition Law

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Cal. Bus. & Prof. Code §§ 17200, et seq.

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35.

Plaintiff hereby incorporates by reference the allegations contained in

all preceding paragraphs of this complaint.
36.

Plaintiff brings this claim individually and on behalf of the members of

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the proposed Class against Defendant. Plaintiff also brings this claim individually

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and on behalf of members of the proposed California Subclass against Defendant.

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37.

Defendant is subject to California’s Unfair Competition Law, Cal. Bus.

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& Prof. Code §§ 17200, et seq. The UCL provides, in pertinent part: “Unfair

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competition shall mean and include unlawful, unfair or fraudulent business practices

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and unfair, deceptive, untrue or misleading advertising ….”

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38.

Defendant’s advertising that its amusement parks and water parks

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would be available to its customers, and that its customers would have access to its

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amusement parks and water parks upon paying a membership fee is false and

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misleading to a reasonable consumer, including Plaintiff, because Defendant in fact

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Kouball v. SeaWorld Parks & Entertainment, Inc.
CLASS ACTION COMPLAINT

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closed all of its amusement parks and water parks while continuing to charge its

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customers the full price of amusement park and water park memberships.

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39.

Defendant’s business practices, described herein, violated the

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“unlawful” prong of the UCL by violating the CLRA, the FAL, and other applicable

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law as described herein.

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40.

Defendant’s business practices, described herein, violated the “unfair”

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prong of the UCL in that its conduct is substantially injurious to consumers, offends

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public policy, and is immoral, unethical, oppressive, and unscrupulous, as the gravity

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of the conduct outweighs any alleged benefits. Defendant’s advertising and its

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charging of membership fees while its amusement parks and water parks are closed

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is of no benefit to consumers.

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41.

Defendant violated the fraudulent prong of the UCL by misleading

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Plaintiff and the Class to believe that they would only be charged fees when they

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would have access to Defendant’s amusement parks and water parks.

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42.

Plaintiff and the Class acted reasonably when they signed up for

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memberships based on the belief that they would only be charged fees when

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Defendant’s amusement parks and water parks were open and accessible.

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43.

Plaintiff and the Class lost money or property as a result of Defendant’s

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UCL violations because (a) they would not have purchased or paid for Defendant’s

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amusement park and water park memberships absent Defendant’s representations

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and omission of a warning that it would continue charging customers’ credit cards

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and debit cards while all amusement parks and water parks nationwide are closed;

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(b) they would not have purchased amusement park and water park memberships on

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the same terms absent Defendant’s representations and omissions; (c) they paid a

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price premium for Defendant’s amusement park and water park membership based

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on Defendant’s misrepresentations and omissions; and (d) Defendant’s amusement

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CLASS ACTION COMPLAINT

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park and water park memberships did not have the characteristics, benefits, or

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quantities as promised.

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THIRD CAUSE OF ACTION

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Violation of California’s False Advertising Law

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Cal. Bus. & Prof. Code §§ 17500, et seq.

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44.

Plaintiff hereby incorporates by reference the allegations contained in

all preceding paragraphs of this complaint.
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Plaintiff brings this claim individually and on behalf of the members of

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the proposed Class against Defendant. Plaintiff also brings this claim individually

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and on behalf of the members of the proposed California Subclass against

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Defendant.

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46.

California’s False Advertising Law, Cal. Bus. & Prof. Code §§ 17500,

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et seq., makes it “unlawful for any person to make or disseminate or cause to be

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made or disseminated before the public in this state, ... in any advertising device ...

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or in any other manner or means whatever, including over the Internet, any

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statement, concerning ... personal property or services, professional or otherwise, or

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performance or disposition thereof, which is untrue or misleading and which is

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known, or which by the exercise of reasonable care should be known, to be untrue

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or misleading.”

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47.

Defendant engaged in a scheme of charging customers full monthly

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membership fees while its amusement parks and water parks were closed.

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Defendant’s advertising and marketing of its amusement parks and water parks as

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being accessible during the membership fee period misrepresented and/or omitted

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the true content and nature of Defendant’s services. Defendant knew that these

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statements were unauthorized, inaccurate, and misleading.

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48.

Defendant’s advertising that its amusement parks and water parks

would be available to its customers during the membership period, and that its

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CLASS ACTION COMPLAINT

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customers would have access to its amusement parks and water parks upon paying

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a membership fee is false and misleading to a reasonable consumer, including

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Plaintiff, because Defendant in fact closed all of its amusement parks and water

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parks while continuing to charge its customers the full price of amusement park and

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water park membership.

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49.

Defendant violated § 17500, et seq. by misleading Plaintiff and the

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Class to believe that they would be charged fees only when they have access to

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Defendant’s amusement parks and water parks.

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50.

Defendant knew or should have known, through the exercise of

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reasonable care that its advertising of its amusement parks and water parks as being

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accessible during the membership period is false and misleading. Further, Defendant

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knew or should have known that it was breaching its contracts with its customers

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and fraudulently charging fees when it continued charging fees while all of its

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amusement parks and water parks were closed.

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51.

Plaintiff and the Class lost money or property as a result of Defendant’s

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FAL violation because (a) they would not have purchased or paid for Defendant’s

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amusement park and water park memberships absent Defendant’s representations

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and omission of a warning that it would continue charging customers’ credit cards

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and debit cards while all amusement parks and water parks nationwide are closed;

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(b) they would not have purchased amusement park and water park memberships on

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the same terms absent Defendant’s representations and omissions; (c) they paid a

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price premium for Defendant’s amusement park and water park membership based

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on Defendant’s misrepresentations and omissions; and (d) Defendant’s amusement

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park and water park memberships did not have the characteristics, benefits, or

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quantities as promised.

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CLASS ACTION COMPLAINT

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FOURTH CAUSE OF ACTION

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Breach of Contract

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52.

Plaintiff hereby incorporates by reference the allegations contained in

all preceding paragraphs of this complaint.
53.

Plaintiff brings this claim individually and on behalf of the members of

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the proposed Class against Defendant. Plaintiff also brings this claim individually

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and on behalf of the members of the proposed California Subclass against

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Defendant.

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54.

Defendant entered into contracts with Plaintiff and Class members to

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provide access to amusement parks and water parks in exchange for the payment of

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membership fees. Defendant has breached these contracts by continuing to charge

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Plaintiff and Class members’ debit and credit cards while its amusement parks and

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water parks remain closed. Plaintiff and Class members have suffered an injury

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through the payment of membership fees while not having access to Defendant’s

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amusement parks and water parks.

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FIFTH CAUSE OF ACTION

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Unjust Enrichment

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55.

Plaintiff hereby incorporates by reference the allegations contained in

all preceding paragraphs of this complaint.
56.

Plaintiff brings this claim individually and on behalf of the members of

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the proposed Class against Defendant. Plaintiff also brings this claim individually

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and on behalf of the members of the proposed California Subclass against

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Defendant.

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57.

Plaintiff and members of the Class conferred benefits on Defendant by

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paying, and being charged, membership fees while Defendant’s amusement parks

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and water parks were and remain closed.

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58.

Defendant has knowledge of such benefits.

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CLASS ACTION COMPLAINT

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59.

Defendant has been unjustly enriched in retaining the revenues derived

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from Plaintiff and Class members’ membership fees. Retention of those moneys

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under these circumstances is unjust and inequitable because Defendant is charging

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its customers full price while its amusement parks and water parks remain closed.

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These misrepresentations and charges caused injuries to Plaintiff and members of

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the Class because they would not have paid Defendant’s membership fees had the

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true facts been known.

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60.

Because Defendant’s retention of the non-gratuitous benefits conferred

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on it by Plaintiff and members of the Class is unjust and inequitable, Defendant must

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pay restitution to Plaintiff and members of the Class for their unjust enrichment, as

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ordered by the Court.

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SIXTH CAUSE OF ACTION

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Money Had and Received

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61.

Plaintiff hereby incorporates by reference the allegations contained in

all preceding paragraphs of this complaint.
62.

Plaintiff brings this claim individually and on behalf of the members of

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the proposed Class against Defendant. Plaintiff also brings this claim individually

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and on behalf of the members of the proposed California Subclass against

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Defendant.

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63.

Defendant received money in the form of membership fees that was

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intended to be used for the benefit of Plaintiff and the Class, those membership fees

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were not used for the benefit of Plaintiff and the Class, and Defendant has not given

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back or refunded the wrongfully obtained money and membership fees to Plaintiff

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and the Class.

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64.

Defendant obtained money in the form of membership fees that were

intended to be used to provide amusement park and water park access to Plaintiff

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CLASS ACTION COMPLAINT

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and the Class. However, Defendant has retained all of the membership fees while its

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amusement parks and water parks remain closed.

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PRAYER FOR RELIEF
WHEREFORE, Plaintiff, individually and on behalf of all others similarly
situated, seeks judgment against Defendant, as follows:

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a) For an order certifying the Class under Rule 23 of the Federal Rules of Civil

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Procedure and naming Plaintiff as representative of the Class and Plaintiff’s

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attorneys as Class Counsel to represent the Class members;

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b) For an order certifying the California Subclass under Rule 23 of the Federal

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Rules of Civil Procedure and naming Plaintiff as representative of the

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California Subclass and Plaintiff’s attorneys as Class Counsel to represent

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the California Subclass members;

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c) For an order declaring that Defendant’s conduct violates the statutes and
laws referenced herein;
d) For an order finding in favor of Plaintiff, the Class, and the California
Subclass, on all counts asserted herein;
e) For compensatory and punitive damages in amounts to be determined by the
Court and/or jury;

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f) For prejudgment and postjudgment interest on all amounts awarded;

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g) For an order of restitution and all other forms of equitable monetary relief;

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h) For injunctive relief as pleaded or as the Court may deem proper; and

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i) For an order awarding Plaintiff and the Class their reasonable attorneys’ fees

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and expenses and costs of suit.
DEMAND FOR TRIAL BY JURY
Plaintiff demands a trial by jury of all issues so triable.

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CLASS ACTION COMPLAINT

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Dated:

May 8, 2020

/s/ Ronald A. Marron
By: Ronald A. Marron
LAW OFFICES OF RONALD A.
MARRON, APLC
RONALD A. MARRON
MICHAEL T. HOUCHIN
LILACH HALPERIN
651 Arroyo Drive
San Diego, California 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
Attorneys for Plaintiff and the Proposed
Class

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Kouball v. SeaWorld Parks & Entertainment, Inc.
CLASS ACTION COMPLAINT

 JS 44 (Rev. 06/17)

Case 3:20-cv-00870-H-BGS Document 1-1 Filed 05/08/20 PageID.17 Page 1 of 1

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

LISA KOUBALL, on behalf of herself, and all others similarly situated,

(b) County of Residence of First Listed Plaintiff

San Diego County, CA

County of Residence of First Listed Defendant
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
u 1

U.S. Government
Plaintiff

u 3

Federal Question
(U.S. Government Not a Party)

u 2

U.S. Government
Defendant

X4
u

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
u
X1

DEF
u 1

Citizen of Another State

u 2

u

2

Incorporated and Principal Place
of Business In Another State

u 5

X5
u

Citizen or Subject of a
Foreign Country

u 3

u

3

Foreign Nation

u 6

u 6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
u
u
u
u
u
u
u
u
u
u
u
u

u
u
u
u
u
u
u
u
u
u

I

u
u
u
u
u
u

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

u
u
u
u
u
u
u

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

Orange County, FL

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Law Offices of Ronald A. Marron, APLC
651 Arroyo Drive, San Diego, California 92103
(619) 696-9006

CONTRACT

BGS

SEAWORLD PARKS & ENTERTAINMENT, INC.

(EXCEPT IN U.S. PLAINTIFF CASES)

I

'20CV0870 H

DEFENDANTS

FORFEITURE/PENALTY

PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
X 370 Other Fraud
u
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement

u 625 Drug Related Seizure
of Property 21 USC 881
u 690 Other

LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act

BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 835 Patent - Abbreviated
New Drug Application
u 840 Trademark
SOCIAL SECURITY
u 861 HIA (1395ff)
u 862 Black Lung (923)
u 863 DIWC/DIWW (405(g))
u 864 SSID Title XVI
u 865 RSI (405(g))

FEDERAL TAX SUITS
u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRS—Third Party
26 USC 7609

IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions

OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
u1
X

Original
Proceeding

u 2 Removed from
State Court

u 3

Remanded from
Appellate Court

u 4 Reinstated or
Reopened

u 5 Transferred from
Another District

u 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

u 8 Multidistrict
Litigation Direct File

Class Action Fairness Act, 28 U.S.C. § 1332(d)(2)(A)

VI. CAUSE OF ACTION Brief description of cause:

Violations of Consumer Protection Laws

u
VII. REQUESTED IN
X CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

DEMAND $

$5,000,000.00

CHECK YES only if demanded in complaint:
u Yes
u No
JURY DEMAND:
X
DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Ronald A. Marron

05/08/2020
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

I