Judge: Colin Leis, Case: 24STCP02618, Date: 2024-11-04 Tentative Ruling

Case Number: 24STCP02618    Hearing Date: November 4, 2024    Dept: 74

Wu v. Cetera Investment Services LLC

Petitioner Ping Shuang Cathy Wu’s Petition to Confirm Arbitration Award.

BACKGROUND 

             Petitioner Ping Shuang Cathy Wu (Petitioner) commenced arbitration with FINRA on May 30, 2023.  The parties agreed to arbitrate the expungement of claims against Petitioner.

            On May 9, 2024, FINRA issued and served the written decision and the arbitrator executed the Arbitration Award.

            On August 16, 2024, Petitioner filed the petition to confirm arbitration award.

LEGAL STANDARD

            “Any 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 Civ. Proc., § 1285.) “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.” (Code Civ. Proc., § 1285.4.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made…unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc., § 1286.) Any response to the petition is required to be filed and served within 10 days after service of the petition. (Code Civ. Proc., § 1290.6.)  

DISCUSSION

The court finds that Petitioner has established that the procedural requirements have been met. There being no opposition, the court confirms the arbitration award. “If [an] award is confirmed, judgment must be entered in conformity therewith.” (Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.)  

CONCLUSION

The court grants Petitioner’s motion to confirm the arbitration award.

Petitioner to give notice.