Superior Court of California

County of Los Angeles

Department 50

DENNIS MICHAEL FRANKLIN, Petitioner, vs. WELLS FARGO CLEARING SERVICES, LLC, Respondent.	Case No.:	22STCP01919
	Hearing Date:	September 1, 2022
	Hearing Time:	10:00 a.m.
	[TENTATIVE] ORDER RE: PETITION TO CONFIRM ARBITRATION AWARD

Background

Petitioner Dennis Michael Franklin (“Petitioner”) petitions the Court to confirm an arbitration award issued on February 18, 2022. (Chang Decl., ¶ 9, Ex. E.)

The petition was filed on May 19, 2022. On August 4, 2022, the Court issued an order continuing the hearing on the petition. The Court ordered Petitioner to file the petition, notice of hearing on the petition, and related documents and serve these documents on Respondent Wells Fargo Clearing Services, LLC with the requisite statutory notice per Code of Civil Procedure section 1005, subdivision (b).

On August 4, 2022, Petitioner filed the foregoing documents, as well as a proof of service indicating that the documents were served via-email on August 4, 2022. No opposition to the petition was filed.

Discussion

“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.)

The Court finds that Petitioner has satisfied the requirements of Code of Civil Procedure section 1285.4 by attaching a copy of the underlying agreement to arbitrate (Chang Decl., ¶ 4, Ex. B, ¶ 5, Ex. C), by setting forth the name of the arbitrator (Chang Decl., ¶ 7), and by attaching a copy of the arbitration award and the written opinion of the arbitrator (Chang Decl., ¶ 9, Ex. E).

Petitioner requests that the arbitration award for expungement be confirmed by the Court. The award provides that “[t]he Arbitrator recommends the expungement of all references to Occurrence Number 2096888 from registration records maintained by the [Central Registration Depository] for Claimant Dennis Michael Franklin (CRD Number 1584691) with the understanding that, pursuant to Notice to Members 04-16, Claimant Dennis Michael Franklin must obtain confirmation from a court of competent jurisdiction before the CRD will execute the expungement directive.” (Chang Decl., ¶ 9, Ex. E). The award also provides that “[u]nless specifically waived in writing by FINRA, parties seeking judicial confirmation of an arbitration award containing expungement relief must name FINRA as an additional party and serve FINRA with all appropriate documents.” (Chang Decl., ¶ 9, Ex. E). Petitioner provides evidence that FINRA granted Petitioner’s request to waive the obligation under FINRA Rule 2080 to name FINRA as a party in the instant proceedings. (Chang Decl., ¶ 11, Ex. H.) The Court finds that good cause has been shown for confirmation of the arbitration award.

Conclusion

Based on the foregoing, the Court grants Petitioner’s petition to confirm arbitration award. The Court will sign the proposed judgment.

Petitioner is ordered to provide notice of this Order.

DATED: September 1, 2022

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court