KHIKS’s SeaWorld team (Larry Iser, Kristen Spanier and Kat Kleindienst) won the dismissal of consumer fraud claims brought as a putative class action against SeaWorld. The lead plaintiff claims that SeaWorld did not honor its All-Day Dining Deal (“ADDD”), which was sold to the plaintiff as an add-on to his park tickets. Plaintiff alleges that he and his family wanted to eat at ADDD restaurants that were closed, or tried to eat at restaurants that did not honor the ADDD. After allegedly being denied service, the plaintiff filed his putative class action against SeaWorld alleging various theories of consumer fraud and breach of contract. The firm filed a comprehensive motion to dismiss the consumer fraud claims on the basis that plaintiff had failed to properly plead such claims. The court granted SeaWorld’s motion to dismiss in its entirety. Significantly, the court dismissed plaintiff’s claim for violation of the California Consumer Legal Remedies Act (“CLRA”) with prejudice. The Court granted plaintiff leave to amend his other fraud claims.
