Judge: Cherol J. Nellon, Case: 23STCP03050, Date: 2023-11-30 Tentative Ruling

Case Number: 23STCP03050    Hearing Date: November 30, 2023    Dept: 14

On July 3, 2023, Arbitrator Anita Rae Shapiro (“Arbitrator”) issued a written decision in the matter styled Weichbrod v. Sagepoint Financial, Inc., FINRA Case No. 22-02203. That decision ordered Respondent Sagepoint Financial, Inc. (“Sagepoint”) to expunge certain complaints from the record of Petitioner, Brett E. Weichbrod, on the basis that those complaints were clearly erroneous and false.

This petition seeks an order confirming that award.

The petition is GRANTED.

Code of Civil Procedure § 1285 states that “[a]ny party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” Code of Civil Procedure § 1285.4 adds that:

A petition under this chapter shall:

(a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement.

(b) Set forth the names of the arbitrators.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.

Petition Attachment 4(b) sets forth the parties’ agreement to submit the issue to arbitration. Petition Paragraphs 6-8, and Attachment 8(c), set forth the details of the award and the names of the arbitrators. Petitioner has satisfied its obligations per Code of Civil Procedure §§ 1285, et seq.

Notice of the Petition was served on October 10, 2023, and acknowledgement of receipt was signed on October 16, 2023. The petition is unopposed. The response deadline has passed.

The Petition is GRANTED. This disposes of the case.