Costco Wins Battery Lawsuit from Customer Zaki Jones

Case Background

This civil action originated in the Superior Court of California. The Plaintiff was Zaki A. Jones, an individual. The Defendants included Costco Wholesale Corporation. The Complaint also named a second Defendant, identified as Miguel Doe.

The Complaint was filed as a limited civil case. The core of the dispute involved an alleged physical altercation at a retail store. The trial focused on the element of intent concerning the alleged battery.

Cause

The incident occurred on August 15, 2023 at about 2:24 p.m. The alleged battery took place inside a Costco store. Jones described the events leading up to the alleged battery. The dispute started at the store's self-checkout area. Jones noted the store employed additional security measures there. These measures involved an employee checking receipts immediately after payment. This was in addition to the standard receipt check at the exit.

Jones had an initial confrontation with an employee identified as Miguel Doe. Jones then sought a manager to address the situation. He alleged the manager did not try to remedy the situation. Instead, Jones claimed the manager gave him attitude during the interaction. Jones then approached the assistant general manager (AGM). He began recording the interaction with his phone. This action was taken so he would have video evidence. He intended to report the situation to Costco's corporate office later.

As Jones left the store, he directed his phone camera toward the employee, Miguel Doe. Jones wanted the video to show who his grievance was toward. When Miguel Doe saw Jones point the camera at him, the alleged battery occurred. Jones stated Miguel Doe slapped his hand. The purpose was to try and knock his phone away. Jones further claimed Miguel Doe started approaching him aggressively. Another employee intervened. That employee had to push Miguel Doe back. The other employee was attempting to restrain Miguel Doe. Jones then left the store. He called 911 to press battery and assault charges.

Injury

The Complaint framed the incident as a battery and assault. The alleged physical contact involved the employee striking Jones's hand. This physical action was the basis for the battery claim. Damages included an item for Past noneconomic loss. This loss included both physical pain and mental suffering. 

Damages

The Plaintiff Zaki Jones sought monetary relief in the case. Jones requested punitive damages. The Complaint sought $25,000 in punitive damages. Punitive damages are intended to punish a Defendant. They also serve to deter similar conduct in the future. Jones felt he was discriminated against by Miguel Doe's aggressive reaction. He believed this was due to his ethnicity and sexual orientation. Jones argued that as a paying customer he should not have been profiled or treated in such a manner. The jury did not reach the question of damages on the verdict form. They were not required to assign a dollar amount for any category of loss.

Key Arguments & Proceedings

Legal Representation

Plaintiff - Zaki Jones | Miguel Doe

Counsel for Plaintiff: Self represented

Defendant - Costco Wholesale Corporation

Counsel for Defendant - Sean P. Moriarty | Arlen Litman-Cleper | Jeffrey Mingho Woo

Claims

The central cause of action was battery. The Plaintiff sought a finding of intentional tort. The Plaintiff also raised claims of unfair treatment. Jones stated he felt discriminated against. He specifically cited his ethnicity and sexual orientation. He claimed he had been profiled. He asserted the aggressive treatment by the employee was unwarranted. 

Defense

Costco Wholesale Corporation formally responded to the lawsuit. The Defense focused on the element of intent. Specifically, they aimed to disprove that the employee intended to harm or offend Jones. The Defense argued the touching was not done with the requisite state of mind. Disproving intent was the key to securing a Defense verdict.

Jury Verdict 

The jury on 15th September 2025, rendered a verdict in favor of Defendant, Costco Wholesale Corporation since the Plaintiff was unable to prove the intent of the Defendant.

Court documents are available upon request at jurimatic@exlitem.com