Percy v. Urbina, et al

14. Percy v. Urbina, et al, Case No. CIVSB2501710 Motion to Compelling Responses to Subpoena Duces Tecum 5/18/26, 9:00 a.m., Dept. S17

The Court would GRANT this unopposed motion. Third Party, Uber Technologies, Inc., shall comply within ten (10) days. Responses may include objections. The Court would also award sanctions in the amount of $1,000, due within thirty (30) days. While the movant sought more in sanctions, the Court would deviate downward as the motion was terse, uncomplicated, and uncontested.

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15. Lopez v. United Parcel Service, Inc., et al, Case No. CIVSB2512060 Defendant UPS’s Motion for Judgment on the Pleadings 5/18/26, 9:00 a.m., Dept. S-17

This matter was continued from its original date on March 19, 2026, to allow meet-and- confer efforts Tentative Ruling As to Requests for Judicial Notice: The Court would GRANT Defendant’s request to take notice of the bankruptcy filings [RJN, Exhs. A-B] and of the arbitration documents [RJN, Ex. D], for the purpose of showing that arbitration took place. The Court would DENY as to the collective bargaining agreement. (RJN, Exh. C.) As to the Motion: The Court would DENY, without prejudice, as judicial estoppel cannot be determined from the facts alleged and bankruptcy filings alone.

The Court would GRANT LEAVE of 30 days to allow for an amended complaint to address the standing issue. Case Summary This is, essentially, a discrimination and wrongful termination of employment action. Plaintiff alleges that he was hired by Defendant in 1997 to work at its Ontario, California facility. He asserts that, starting as of 2005, he was promoted to work in Revenue Audit, scanning boxes, among other things. Sometime in 2005, he asserts he felt a sharp pain in his shoulder and went through the workers’ compensation process, being returned to work without restrictions.

He was told to self-medicate with over-the-counter ibuprofen, but he alleges his shoulder injury never fully healed.

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