Michael Ydigoras v. Costco Wholesale Corporation

Summary

The United States District Court for the Southern District of California granted Costco Wholesale Corporation’s Rule 12(b)(6) motion to dismiss Michael Ydigoras’s claims. The court dismissed claims for ADA discrimination, negligence, ADA retaliation, and violation of the Unruh Civil Rights Act because the complaint did not adequately plead the required elements. The dismissal was without prejudice, and the plaintiff was granted leave to amend by January 5, 2026.

Holdings

1. Plaintiff failed to state a Title III ADA discrimination claim because he did not sufficiently allege that he was an individual with a qualifying disability, that Costco employed a discriminatory policy or practice, or that the requested discussion was a necessary modification connected to disability-based discrimination.
2. Plaintiff failed to state a negligence claim because the ADA does not itself create an independent duty of care supporting a state-law negligence claim.
3. Plaintiff's possible ADA retaliation claim failed because he did not state the underlying ADA discrimination claim that serves as the predicate for retaliation.
4. Plaintiff failed to state an Unruh Act claim because he did not allege facts showing either a Title III ADA violation or intentional disability discrimination involving willful, affirmative misconduct.

Questions Presented

1. Whether Plaintiff plausibly alleged a Title III ADA discrimination claim based on Costco's alleged failure to make a reasonable and necessary modification.
2. Whether Plaintiff plausibly alleged negligence based on an alleged duty arising from the ADA reasonable-accommodation process.
3. Whether Plaintiff plausibly alleged ADA retaliation where he failed to state an underlying ADA discrimination claim.
4. Whether Plaintiff plausibly alleged a claim under the California Unruh Civil Rights Act based on disability discrimination.

Disposition

other