Club 33 Lawsuit: The Andersons, Bench Incident, and Verdict

The Club 33 lawsuit ended in September 2024 when an Orange County jury deliberated for roughly 45 minutes and sided with Disney, rejecting Scott and Diana Anderson’s seven-year effort to be reinstated to Disneyland’s invitation-only private club after their membership was revoked in the fall of 2017.¹

Who Sued and What They Lost

Scott and Diana Anderson waited about a decade for an invitation to Club 33, the private membership club Walt Disney founded in 1967 at 33 Royal Street inside Disneyland.²³ They paid roughly $40,000 to join and about $10,000 for their first year of dues, with annual dues later reported at $31,500.⁴ For five years, they spent about a third of every year at Disneyland, using the club for holidays and family celebrations.

Relations with management were already strained by the time the incident that ended their membership occurred. In August 2016, the Andersons received a written warning that further infractions could cost them their spot, and Diana was briefly suspended after using profanity toward a manager.⁵¹

The Bench Incident That Triggered the Expulsion

Around 10 p.m. on September 3, 2017, Disneyland security officer Robert Rodriguez was dispatched to a bench outside the Grizzly River Run attraction at Disney California Adventure. He found Scott Anderson, described him as “barely cogent,” and reported that when he asked for identification, Anderson handed over his Club 33 membership card instead of a driver’s license.⁶ At trial, security guards testified to slurred speech, difficulty standing, and a strong smell of alcohol.¹

The Andersons told a different story. Their attorney, Sean Macias, acknowledged Scott had two or three drinks that evening but argued his symptoms came from a vestibular migraine, a neurological condition that can be triggered by red wine and mimic intoxication. Macias called Disney’s investigation “incomplete and slipshod,” pointing out that no breathalyzer or blood test was administered and no video captured the behavior.¹ About a month later, Disney terminated the membership, citing “multiple violations of Club 33 rules and regulations.”⁷

The Claims and What the Andersons Wanted

In December 2017, the Andersons sued through their consulting company, Carlton Enterprises, Inc., in Orange County Superior Court. The case is Carlton Enterprises, Inc. v. Walt Disney Parks & Resorts U.S., Inc., No. 30-2017-00959155.⁸⁹⁷

They asked to be reinstated, and sought $10,500 for four months of unused 2017 membership plus about $231,000 for seven years of lost membership value.⁵

Disney’s Contract Defense

Disney relied on the language of the Club 33 guidelines, which allow termination for “any other reason in Club 33 Membership Administration’s sole discretion” and state that public intoxication in the parks is prohibited.⁹¹⁰ Disney’s attorney, Jonathan E. Phillips, argued the Andersons broke the intoxication rule and “did not want to pay the consequences of failing to follow the rules,” and told the jury Scott’s conduct “cost his wife of 40 years her lifetime dream.”¹¹¹ A neurologist called by Disney testified that Anderson’s condition was “more likely the consequence of drinking” than a vestibular migraine; the Andersons’ medical expert testified the two can be confused.

The 2021 Appeal That Kept the Case Alive

The case would have ended early. Orange County Superior Court Judge Layne H. Melzer granted Disney summary judgment, finding the company had acted in good faith and held an “unfettered prerogative” to terminate under the sole-discretion clause.⁹

On February 22, 2021, the Fourth District Court of Appeal, Division Three, reversed on the breach of contract claim in an opinion by Justice Raymond J. Ikola, docketed as G058756.⁹⁸ Ikola focused on a sentence both sides had overlooked: “Termination is the last step in resolving issues inconsistent with the spirit of the Club 33 Membership program or as provided by the rules herein.” That language, the court held, limited Disney’s discretion; the “any other reason” clause was not a blank check. The court reasoned that “having a medical condition is within the spirit of the Club 33 membership program,” and noted Disney had conceded on appeal that Anderson was not intoxicated but had experienced an allergy attack, yet still declined to reinstate the membership. The opinion was not certified for publication, so it has limited value as formal precedent. Two other causes of action were affirmed as properly dismissed.

The Trial and the Rulings That Shaped It

On remand, the case landed with Superior Court Judge Deborah Servino, one of six judges to touch the litigation over its run, which was also delayed by the pandemic.² Before trial, Judge Servino barred the Andersons from presenting evidence that Disney had retaliated against them over their complaints about another member’s harassment of members and staff. The Andersons described that ruling as the “death knell” for their case because it removed a central piece of their theory about why Disney really expelled them.¹ The judge also denied a request to have jurors walk from the Club 33 entrance to the Grand Californian Hotel to test whether an intoxicated person could make the trip.

Trial began on August 5, 2024. In early September, twelve jurors deliberated for about 45 minutes and returned a verdict for Disney.²¹

What the Fight Cost

By the verdict, the Andersons said they had spent about $400,000 on the litigation, well above the roughly $231,000 in damages they had sought.⁴ Scott Anderson said his motivation was to clear his name, telling reporters he “doesn’t want to be known as a drunk.”¹² Diana described the Club 33 community as “cult-ish,” adding, “It’s a cult, and Walt’s the messiah.”

Is the Case Over

Scott Anderson told the Los Angeles Times he intended to appeal: “There is no way we’re letting this go. I will appeal.”¹ Whether an appeal has since been filed is not reflected in the record reviewed for this article. As of the trial verdict, the Andersons remain out of Club 33.

1
Los Angeles Times. Disney Obsessed Couple Loses Lawsuit To Get Back Into Exclusive Club 33
2
Longreads. Yesterday Tomorrow and Banished Forever
3
Disney Food Blog. Heres Exactly How Much It Costs To Be a Club 33 Member in Disneyland
4
The Hollywood Reporter. Club 33 Disneyland Couple Sue Scott Diana Anderson
5
Yahoo Entertainment. Disneys Secretive Club 33 Couple
6
Vulture. Disney Club 33 Membership Lawsuit Diana Scott Anderson
7
Los Angeles Times. Club 33 Disneyland Lawsuit
8
UniCourt. Carlton Enterprises v Walt Disney Parks and Resorts US
9
Metropolitan News-Enterprise. Club 33 Membership Termination Ruling
10
Disney Food Blog. 4 Strict Rules Club 33 Is Enforcing in Disneyland
11
Kotaku. Disney Adults Club 33 Intoxication Lawsuit
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Newsweek. Disney Loving Couple Lose Access Lawsuit Exclusive Club 33