Judge Mark E. Windham, Case Number: 23STCP02380, Date: 2023-10-17 Tentative Ruling

Judge: Mark E. Windham, Case: 23STCP02380, Date: 2023-10-17 Tentative Ruling

Case Number: 23STCP02380 Hearing Date: October 17, 2023 Dept: 26

Jackman, et al. v. Rosenberry, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioners Richard Jackman and Harry Barth’s Petition to Confirm Arbitration Award is GRANTED. THE COURT ORDERS EXPUNGEMENT OF ALL REFERENCES TO THE SUBJECT ARBITRATION PROCEEDING FROM REGISTRATION RECORDS MAINTAINED IN THE CENTRAL REGISTRATION DEPOSITORY FOR PETITIONERS RICHARD JACKMAN AND HARRY BARTH.

PETITIONERS ARE TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

Petitioners Richard Jackman and Harry Barth (“Petitioners”) filed the instant Petition to Confirm Arbitration Award against Respondents Jeffrey Rosenberry, individually and on behalf of Antietam Holdings, LP (“Respondent Rosenberry”) and FINRA Regulation, Inc. (“Respondent FINRA”) on July 7, 2023. The Petition seeks to confirm the arbitration award issued on February 17, 2023, in favor of Petitioners, requiring expungement of all references to certain customer dispute information maintained by the Financial Industry Regulatory Authority (“FINRA”) in the Central Registration Depository (“CRD”). (Pet., p. 4:23-28.)

On September 20, 2023, Petitioner filed a Notice and Acknowledgment of Receipt with respect to service of the Petition on Respondent Rosenberry. Proof of personal service of the Petition on Respondent FINRA was filed on September 25, 2023. Respondent FINRA also filed a notice of non-opposition on October 4, 2023.

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.

(Code Civ. Proc., § 1285.4 (emphasis added).) Petitioners have set forth the substance of the arbitration award and submitted a copy of the parties’ arbitration agreement with the names of the arbitrators. (Pet., Exhs. 1.) 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.) Petitioner filed a Notice and Acknowledgment of Receipt demonstrating that the Petition papers and notice of hearing were served on Respondent Rosenberry on September 20, 2023 by mail with confirmation of receipt. (Notice and Acknowledgment, filed 09/20/23.) Proof of personal service has been filed with respect to Respondent FINRA. (Proof of Personal Service, filed 09/25/23.) This complies with the requirements for service of a Summons pursuant to Code of Civil Procedure section 415.10 and 415.30.

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.) Petitioners have demonstrated proper service of the award with the instant Petition. Therefore, the Court finds that the service requirements of Code of Civil Procedure section 1283.6 have been met.

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 five 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.) Substantively, Petitioners have demonstrated that on February 17, 2023, the arbitrators issued an award in their favor and against Respondents requiring expungement of all references to certain customer dispute information as to Petitioners maintained by FINRA in the CRD. (Exh. 2, pp. 6-8.)

Conclusion

PETITIONERS ARE TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

Moving party is to give notice.