Judge: Robert B. Broadbelt, Case: 22STCP03615, Date: 2022-12-20 Tentative Ruling

Case Number: 22STCP03615    Hearing Date: December 20, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Petitioner First Allied Securities, Inc.

RESPONDING PARTY:       n/a

Petition to Confirm Arbitration Award

The court considered the moving papers filed in connection with this Petition.  No opposition papers were filed.

DISCUSSION

Petitioner First Allied Securities, Inc. (“Petitioner”) filed this Petition to Confirm Arbitration Award against respondents Mitchell Dehler and Sadhna Dehler (“Respondents”) on September 29, 2022, requesting the court confirm the award issued in an arbitration before the Financial Industry Regulatory Authority (“FINRA”) on July 1, 2022.

“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.)

            “If an award is confirmed, judgment shall be entered in conformity therewith.  The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification.”  (Code Civ. Proc., § 1287.4.)

            Petitioner submits a signed letter from Respondents stating that they “waive service, notice, and the ability to participate both via written submission or orally in” any action to confirm the arbitration award.  (Lowery Decl., Ex. B.)  The court therefore finds that Petitioner has submitted evidence establishing that Respondents waived service and notice of the petition and notice of hearing.  The court further finds that, despite Respondents’ waiver of notice and service, Petitioner has electronically served Respondents’ counsel with the petition and notice of hearing on the petition and has therefore complied with the service requirements of Code of Civil Procedure section 1290.4, subdivision (c) with respect to the petition and notice of hearing.

Petitioner submits copies of the FINRA submission agreements executed by Petitioner and Respondents, whereby each set of parties agreed to submit the claims to arbitration with FINRA.  (Lowery Decl., ¶ 4; Lowery Decl., Exs. D-E.)  On July 1, 2022, arbitrators Susan B. Gans-Smith, Gerald Anthony Pokorski, and Aaron Nathan Shechet issued the Award.  (Lowery Decl., ¶ 7; Lowery Decl., Ex. A.) 

The court finds that Petitioner has satisfied the requirements for confirmation of the arbitration award.  The court therefore grants petitioner First Allied Securities, Inc.’s Petition to Confirm Arbitration Award.

The court orders petitioner First Allied Securities, Inc. to lodge and serve a proposed Judgment Confirming Arbitration Award with the court no later than 20 days from the date of this ruling.

The court sets an Order to Show Cause re entry of judgment confirming arbitration award on __________________, 2023, at 11:00 a.m., in Department 53.

The court vacates the Case Management Conference set for January 27, 2023.    

The court orders petitioner First Allied Securities, Inc. to give notice of this ruling.   

IT IS SO ORDERED. 

DATED:  December 20, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court