Judge: Teresa A. Beaudet, Case: 24STCP00774, Date: 2024-04-15 Tentative Ruling

Case Number: 24STCP00774    Hearing Date: April 15, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background 

Petitioner Howard Hao-Chung Hsieh (“Petitioner”) filed the instant petition on March 13, 2024 to confirm an arbitration award issued on January 12, 2024. (Pet, ¶ 8(a); Attachment 8(c).

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.)  

On March 18, 2024, Petitioner filed a notice of hearing on the petition. The proof of service attached to the notice of hearing indicates that the notice was served by email on March 18, 2024. In addition, on March 18, 2024, Petitioner filed a Notice and Acknowledgment of Receipt indicating that Respondent Cetera Investment Services, LLC received, inter alia, the petition, the memorandum of points and authorities in support of the petition, and the Declaration of Christina Z. Vourakis in support of the petition.

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 (Pet., ¶ 4, Attachment 4(b)) by setting forth the name of the arbitrator (Pet. ¶ 6), and by attaching a copy of the arbitration award and the written opinion of the arbitrator (Pet., ¶ 8, Attachment 8(c)).

Petitioner requests that the Court confirm the Expungement Award. (Pet., ¶ 8, Attachment 8(c)). The award provides, inter alia, that “[t]he Arbitrator awards the expungement of all references to Occurrence Numbers 2173023 and 2212583 from registration records maintained by the CRD for Claimant Howard Hao-Chung Hsieh (CRD Number 4947882) with the understanding that, pursuant to Rule 2080, Claimant Howard Hao-Chung Hsieh must obtain confirmation from a court of competent jurisdiction before the CRD will execute the expungement directive.” (Pet., ¶ 8, Attachment 8(c)). 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.” (Pet., ¶ 8, Attachment 8(c)). In her supporting declaration, Petitioner’s counsel states that “[t]he Financial Industry Regulatory Authority (‘FINRA’) expressly waived its right to be named as a nominal respondent in this proceeding pursuant to FINRA Rule 2080. A true and correct copy of the FINRA approval letter is attached hereto as Exhibit A.” (Vourakis Decl., ¶ 3, Ex. A.)

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 contractual arbitration award. The Court orders Petitioner to file and serve a proposed judgment within 10 days of the date of this Order. 

Petitioner is ordered to provide notice of this Order. 

DATED:  April 15, 2024                                                                               

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court