Not all ES330's have the problem. There seem to be two theories on the
why some, but not all have the problem

First: it is the driver's style that screws up the transmission
program
Second: some cars are flawed.

If the latter is the case, you can easily find out if this car's got
it via an extended test drive.

If the former, your car may well develop it if your driving style
brings it out.

My 05 ES is fine, as is my wife's 04 RX. A loaner ES I drove had it in
spades.

The RX is sometimes a victim, but much less often, in spite of having
the same drivetrain. Could it be a subtle difference in the vehicles
or the driving styles of the owners? Most RXs are owned by women. More
men drive ES's. Could this be triggered by men's more aggresive
styles? For what it's worth, my ES is fine, and I'm not an aggresive
driver.

Also, I've no doubt that this problem is rarer than it appears on the
NET. If it was that common, there'd be recalls, class action suits,
etc.

Regardless, if your car has the problem, it's real and it's dangerous.
Toyota ought to be able to fix it.