Judge: Mark E. Windham, Case: 22STCP03771, Date: 2023-02-21 Tentative Ruling
Case Number: 22STCP03771 Hearing Date: February 21, 2023 Dept: 26
PETITION TO CONFIRM ARBITRATION AWARD
TENTATIVE RULING:
Petitioners
Merrill Lynch, Pierce, Fenner & Smith Inc. and Paul Wetmore’s Petition to
Confirm Arbitration Award is GRANTED. THE COURT
ORDERS EXPUNGEMENT OF ALL
REFERENCES TO THE SUBJECT ARBITRATION PROCEEDING FROM REGISTRATION RECORDS
MAINTAINED BY THE CENTRAL REGISTRATION DEPOSITORY (“CRD”) FOR PETITIONER
PAUL WETMORE.
PETITIONERS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS
OF THIS ORDER.
ANALYSIS:
Petitioners Merrill Lynch,
Pierce, Fenner & Smith Inc. and Paul Wetmore (“Petitioners”) filed the instant Petition to Confirm Arbitration Award
against Respondent Greg Meyer (“Respondent”) on October 17, 2022. The Petition
seeks to confirm the arbitration award issued by the Financial Industry
Regulatory Authority (“FINRA”) on Augsut 19, 2022 in favor of Petitioners,
requiring expungement of all references
to certain customer dispute information maintained by the Central Registration
Depository (“CRD”). (Pet., ¶10g.)
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 respondent all
parties to the arbitration and may name as respondents any other persons bound
by the arbitration award.” (Code Civ.
Proc., § 1285.) “If a petition or response under this chapter is duly
served and filed, the court shall confirm the award as made, whether rendered
in this state or another state, 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.)
Discussion
Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 1285.4)
Code
of Civil Procedure section 1285.4 states: “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 (emphasis added).) Petitioners
have submitted a copy of the Arbitration Agreement, the name of the arbitrator, and a copy of the Arbitration Award (Pet.,
Exhs. 4(b) and 8(c).) This satisfies Code of Civil Procedure section 1285.4,
subdivisions (a)-(c).
Service of the Petition and Notice of Hearing (CCP §
1290.4)
Code of Civil Procedure
section 1290.4 states in pertinent part:
“(a) A copy of the
petition and a written notice of the time and place of the hearing thereof and
any other papers upon which the petition is
based shall be served in the manner provided in the arbitration
agreement for the service of such petition and notice.
(b) If the arbitration agreement does not provide the
manner in which such service shall be made and the person upon whom service is
to be made has not previously appeared in the proceeding and has not previously
been served in accordance with this subdivision: ¶ (1) Service within this
State shall be made in the manner provided by law for the service of summons in
an action.”
(Code Civ. Proc., § 1290.4.) Petitioners filed proof of service showing
that the Petition papers and notice of hearing were personally served on
Respondent on October 19, 2022. (Proof of Personal Service, filed 11/01/22.)
Therefore, the Court finds that the service requirements of Code of
Civil Procedure section 1290.4 have been met.
Service of the Arbitration
Award (CCP § 1283.6)
Code of Civil Procedure section 1283.6 provides that: “The
neutral arbitrator shall serve a signed copy of the award on
each party to the arbitration personally or by registered or certified mail or
as provided in the agreement.” (Emphasis added.) This requirement may
be satisfied by service by the arbitration, or upon proper service of the Award
with the Petition. (See Murry v.
Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) The Award was served by the
arbitrator on August 19, 2022, but the manner of service is not indicated.
(Pet., Exh. 8(c), p. 6.) However, because a copy of the Award was served with
the instant Petition, the statutory requirements for service of the Award are
satisfied.
Timing of Service of Petition (CCP §§
1288, 1288.4)
A party may seek a court judgment confirming an arbitration
award by filing and serving a petition no more than four years, but not less
than 10 days, after the award is served. (Code
Civ. Proc., §§ 1288, 1288.4.) The Petition was timely filed and
served two months after the arbitration award was issued.
Merits of the Petition to Confirm Arbitration Award
The court must
confirm the award as made, unless it corrects or vacates the award, or
dismisses the proceeding. (Code Civ.
Proc., § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility,
Inc. (1994) 25 Cal.App.4th 809, 818.) Petitioners have demonstrated that on
August 19, 2022, the arbitrator issued an Arbitration Award in their favor and
against Respondent requiring expungement of all references to certain
customer dispute information maintained by the CRD regarding Petitioner Wetmore.
(Pet., Exh. 8(c), pp. 3-4.)
Conclusion
Therefore, the
Petition to Confirm Arbitration Award is GRANTED.
THE COURT ORDERS EXPUNGEMENT OF
ALL REFERENCES TO THE SUBJECT ARBITRATION PROCEEDING FROM REGISTRATION RECORDS
MAINTAINED BY THE CENTRAL REGISTRATION DEPOSITORY (“CRD”) FOR PETITIONER
PAUL F. WETMORE.
PETITIONERS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS
OF THIS ORDER.
Moving party is to give notice.