Judge: Upinder S. Kalra, Case: 23STCP02975, Date: 2023-10-31 Tentative Ruling

Case Number: 23STCP02975    Hearing Date: October 31, 2023    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   October 31, 2023                                           

CASE NAME:           Jordan V. Varela v. Wells Fargo Advisors Financial Network

CASE NO.:                23STCP02975

PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY:  Petitioner Jordan Varela

RESPONDING PARTY(S): None as of October 25, 2023

REQUESTED RELIEF:

1.       Confirm arbitration award.

TENTATIVE RULING:

1.      The Petition to Confirm Arbitration Award is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On May 10, 2023, Arbitrator Constance Ellen Bouidis (the Arbitrator) with FINRA Dispute Resolution Services issued an Arbitration Award in favor of Petitioner Jordan Varela (Petitioner) and against Respondent Wells Fargo Advisors Financial Network (WFAN). The Award requires the expungement of all references to Occurrence Number 2094046 from the registration records maintained by the CRD for Petitioner. The CRD is a database maintained by FINRA for firms and individuals that participate in the U.S. securities industry.

Petitioner filed the instant Petition to Confirm Arbitration Award on August 16, 2023. FINRA waived its requirement under FINRA Rule 2080 to be named as a party and to receive notice of this Petition. (Donovan Decl., Exhibit A.) WFAN did not file an opposition.

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., (CCP) § 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.” (CCP § 1286.)

ANALYSIS:

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.” 

(CCP § 1285.4 (emphasis added).)

Here, Petitioner attached a copy of the FINRA Arbitration Submission Agreemen . (Declaration of Donovan, Exhibit B.) Petitioner also identified the arbitrator. (Declaration of Donovan, Exhibit C.)

Therefore, the requirements under CCP § 1285.4 have been met.

Service of the Petition and Notice of Hearing (CCP § 1290.4) 

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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. 

(CCP § 1290.4.)

Here, Petitioner filed a proof of service indicating service on WFAN on August 17, 2023 via U.S. Mail, which was acknowledged by EFAN on August 21, 2023. FINRA is not a party to this petition and waived its requirement to be named as a party. (Declaration of Donovan, Exhibit A.)

Therefore, the requirements of CCP § 1290.4 have been met.  

Service of the Arbitration Award (CCP § 1283.6) 

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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.”¿This requirement may be satisfied by service by the arbitrator 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 Court finds Code of Civil Procedure section 1283.6 is satisfied.  

Timing of Service of Petition (CCP §§ 1288, 1288.4) 

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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. (CCP §§ 1288, 1288.4.)

Petitioner filed the instant petition approximately 3 months after service of the Award, making it timely under Code of Civil Procedure sections 1288 and 1288.4.  

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.  (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.)

Petitioner has demonstrated that on May 10, 2023, the arbitrator issued an Arbitration Award in its favor and against Respondent to expunge a customer complaint, Occurrence Number 2094046, from his CRD record. Furthermore, as the Petition is unopposed, there is no basis to find the Award should not be confirmed.  

Request for Costs 

To the extent Petitioner requests costs according to proof (Pet., Prayer at ¶3), those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner may file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700. 

CONCLUSION:

            For the foregoing reasons, the Court decides the pending motion as follows:

1.      The Petition to Confirm Arbitration Award is GRANTED.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             October 31, 2023                    __________________________________                                                                                                                Upinder S. Kalra

                                                                                    Judge of the Superior Court