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UPDATE: Disney Wants to Take Magic Key Annual Pass Lawsuit to Federal Court

Disney has responded to the civil lawsuit against Walt Disney Parks and Resorts in regards to the Magic Key Program at Disneyland Resort. The company has chosen to file a notice of removal, which takes the case from state court to a United States District Court.

The lawsuit was filed by Janale Nielsen (both individually and on behalf of other Dream Key holders). It alleges that limiting the number of park pass reservations available for Dream Keys — which were advertised as having “no blockout dates” — when passes for regular tickets are still available is a violation of the program’s contract as well as false advertising.

In total, the lawsuit includes six causes of action, including violations of the consumers’ legal remedies act, violations of the false advertising law, violations of the unfair competition law, breach of contract, negligent misrepresentation, and concealment/non-disclosure.

In filing a notice of removal, Disney has moved to take the case from the Superior Court of California to the United States District Court for the Central District of California. Rachel Alde, a Vice President within the Disney Parks, Experiences, and Products division of the Walt Disney Company, gave a declaration supporting removal.

Alde’s declaration was made to explain why Disney meets the criteria required to file a notice of removal. Alde cites the facts that the plaintiff (Nielsen) is a California resident while Walt Disney Parks and Resorts is based out of Florida, and that the amount in controversy exceeds $5,000,000 since Nielsen is filing on behalf of all Dream Key holders.

Alde states that Disney sold more than 3,600 Dream Key passes at the rate of $1,399 each, totaling more than the $5,000,000 benchmark.

Nielsen will have 30 days to file a motion to remand, which would move the case back to state court.

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