On 04/03/2019 a Other - Arbitration case was filed by ADAM GOLDSTEIN against AMERIPRISE FINANCIAL SERVICES, INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******1047
04/03/2019
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JAMES E. BLANCARTE
GOLDSTEIN ADAM
AMERIPRISE FINANCIAL SERVICES INC.
8/7/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)
4/19/2019: Proof of Personal Service - Proof of Personal Service
4/3/2019: Declaration (name extension) - Declaration Declaration of Chad Weaver In Support of Petition to Confirm Arbitration Award Granting Expungement of Petitioners Record in the Central Registration Deposit
4/3/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
4/3/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
4/3/2019: First Amended Standing Order - First Amended Standing Order
4/3/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
4/3/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award
4/3/2019: Summons - Summons on Petition
DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/07/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/07/2019; Result Type to Held - Taken under Submission
DocketProof of Personal Service; Filed by: Adam Goldstein (Petitioner); As to: Ameriprise Financial Services, Inc. (Respondent); Service Date: 04/05/2019; Service Cost: 790.03; Service Cost Waived: No
DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/07/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketPetition to Confirm Arbitration Award; Filed by: Adam Goldstein (Petitioner); As to: Ameriprise Financial Services, Inc. (Respondent)
DocketDeclaration Declaration of Chad Weaver In Support of Petition to Confirm Arbitration Award Granting Expungement of Petitioners Record in the Central Registration Depository; Filed by: Adam Goldstein (Petitioner); As to: Ameriprise Financial Services, Inc. (Respondent)
DocketCivil Case Cover Sheet; Filed by: Adam Goldstein (Petitioner); As to: Ameriprise Financial Services, Inc. (Respondent)
DocketSummons on Petition; Issued and Filed by: Adam Goldstein (Petitioner); As to: Ameriprise Financial Services, Inc. (Respondent)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STCP01047 Hearing Date: November 05, 2019 Dept: 94
PETITION TO COMPEL ARBITRATION
(CCP § 1281.2)
TENTATIVE RULING:
Petitioner Adam Goldstein’s Petition to Confirm Arbitration Award is GRANTED.
ANALYSIS:
I. Background
On December 28, 2018, Arbitrator Barbara M. Zak issued an Arbitration Award in favor of Petitioner Adam Scot Goldstein (“Petitioner”) and against Respondent Ameriprise Financial Services, Inc. (“Respondent”), which states in pertinent part:
The Arbitrator recommends the expungement of all references to occurrence number 1904848 from registration records maintained by the CRD, for Claimant Adam Scot Goldstein (CRD# 2853054), with the understanding that, pursuant to Notice to Members 04-16, Claimant Adam Scot Goldstein must obtain confirmation from a court of competent jurisdiction before the CRD will execute the expungement directive.
Unless 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.
(Weaver Decl., Ex. E, p. 2.)
In a letter, dated February 14, 2019, FINRA states in writing that the requirements of the second paragraph above are waived. (See id., Ex. G.)
Petitioner filed a Petition to Confirm Arbitration Award (the “Petition”) on April 3, 2019.
II. Discussion
At the previous hearing on the Petition, the Court found that Petitioner had satisfied CCP §§ 1285.4 and 1290.4, but not § 1283.6, and the Court was unable to ascertain whether CCP §§ 1288, 1288.4 had been satisfied. (8/7/19 Minute Order.) Accordingly, the Court instructed Petition to file proof that the arbitrator had served the Arbitration Award on Respondent. (Id.) On September 6, 2019, Petitioner filed such proof. Having reviewed the proof, the Court is satisfied and finds that CCP §§ 1283.6, 1288, and 1288.4 have been satisfied.
III. Conclusion & Order
For the stated reasons, the unopposed Petition is GRANTED.
Moving parties are ordered to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.