Department 58

Hearing Date: December 12, 2023

Case Name: Yin v. Cetera Investment Services, LLC

Case No.: 23STCP04174

Matter: Petition to Confirm Arbitration Award

Moving Party: Petitioner Haiguang Hai Yin

Responding Party: Unopposed

Tentative Ruling: The Petition to Confirm Arbitration Award is granted.

This case arises from an underlying FINRA arbitration. The arbitration involved a request by Petitioner Haiguang Hai Yin (Petitioner) to expunge a customer complaint that was filed in a FINRA arbitration against his associated broker dealer firm. On September 27, 2023, the arbitrator granted Petitioner’s request for expungement of the customer complaint and FINRA arbitration from his Central Registration Depository (CRD) record.

On November 14, 2023, Petitioner filed a Petition to Confirm the Arbitration Award. No opposition was filed.

Timeliness

No petition may be served and filed until at least 10 days after service of the signed copy of the award upon petitioner. (Code Civ. Proc., § 1288.4.)

The proof of service indicates that all parties were served with the arbitration award on September 27, 2023. (Trotter Decl., ¶ 8, Ex. F.) This petition was filed on November 14, 2023 and is, therefore, timely.

Compliance under Code of Civil Procedure section 1285.4

Petitioner seeks to confirm the arbitration award issued by Arbitrator Kirtley M. Thiesmeyer.

The Petition complies with Code Civil Procedure section 1285.4. Petitioner attaches a copy of the agreement to arbitrate in Paragraph 4(b) of Form ADR-106, Petition to Confirm the Arbitration Award. (Code Civ. Proc., § 1285.4, subd. (a).)

The other requirements under Code of Civil Procedure section 1285.4 are met. That is, the award provides the name of the arbitrator, Kirtley M. Thiesmeyer, and a copy of the award and opinion is attached to the petition. (Pet., Attach., 8(c); Code Civ. Proc., § 1285.4, subds. (b)-(c).)

Accordingly, the petition is granted.