Judge: Layne H. Melzer, Case: 2022-01266733, Date: 2022-12-07 Tentative Ruling

Petitioner Wells Fargo Advisors LLC

Petition to Confirm Arbitration Award

Petitioner Wells Fargo Advisors, LLC’s Petition to confirm the arbitration award entered against Respondent Justin Edward McDonald is granted.

A petition to confirm an arbitration award must be served and filed at least 10 days, and no later than 4 years, after service of the award on the petitioner. (Code Civ. Proc. §§ 1288, 1288.4.) If a petition to confirm is duly filed, and unless the arbitration award is corrected or vacated, “the court shall confirm the award as made.” (Code Civ. Proc. § 1286.)

The petition shall (1) set forth the substance of the arbitration agreement or attach a copy thereof, (2) set forth the name of the arbitrator(s), and (3) set forth or attach a copy of the award and the written opinion of the arbitrator(s), if any. (Code Civ. Proc. § 1285.4.) “If an award is confirmed, judgment shall be entered in conformity therewith.” (Code Civ. Proc. § 1287.4.)

The Petition is timely.  The award is dated 1/20/20, and the petition was filed and served more than 10 days but less than 4 years later, on 6/23/22.

Petitioner has complied with Code Civ. Proc. § 1285.4, by including a copy of the arbitration agreement, stating the name of the arbitrator (Michael John Floria), and including a copy of the arbitration award. (Petition, Exs. 4(b) and 8(c).)

Petitioner is ordered to give notice.