This case was last updated from Los Angeles County Superior Courts on 09/27/2020 at 05:31:56 (UTC).

ISIDRO MIRAMONTES VS MORGAN STANLEY & CO. LLC, ET AL.

Case Summary

On 08/29/2019 ISIDRO MIRAMONTES filed an Other - Arbitration lawsuit against MORGAN STANLEY CO LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3766

  • Filing Date:

    08/29/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

MIRAMONTES ISIDRO

Respondents

MORGAN STANLEY & CO. LLC

FINANCIAL INDUSTRY REGULATORY AUTHORITY FINRA

Attorney/Law Firm Details

Petitioner Attorney

HARRISON DAVID

 

Court Documents

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/9/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Order (name extension) - Order Proposed Order on Petition

7/21/2020: Order (name extension) - Order Proposed Order on Petition

Minute Order - Minute Order (Hearing on Petition to Confirm Arbitration Award)

7/21/2020: Minute Order - Minute Order (Hearing on Petition to Confirm Arbitration Award)

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

2/25/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/25/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration Declaration of David Harrison

1/15/2020: Declaration (name extension) - Declaration Declaration of David Harrison

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

1/14/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

1/14/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

12/18/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

11/26/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice of Hearing on Petition - Notice of Hearing on Petition

10/8/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Proof of Service by Mail - Proof of Service by Mail

10/8/2019: Proof of Service by Mail - Proof of Service by Mail

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

10/15/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

First Amended Standing Order - First Amended Standing Order

8/29/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

8/29/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

8/29/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Summons - Summons on Petition

8/29/2019: Summons - Summons on Petition

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

8/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

14 More Documents Available

 

Docket Entries

  • 07/21/2020
  • DocketUpdated -- Order Proposed Order on Petition: As To Parties changed from Financial Industry Regulatory Authority (FINRA) (Respondent) to Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 07/21/2020
  • DocketUpdated -- Order Proposed Order on Petition: Status Date changed from 02/25/2020 to 07/21/2020; As To Parties changed from Financial Industry Regulatory Authority (FINRA) (Respondent) to Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 07/21/2020
  • DocketJudgment on Petition; Signed and Filed by: Isidro Miramontes (Petitioner); As to: Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 07/21/2020
  • DocketMinute Order (Hearing on Petition to Confirm Arbitration Award)

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  • 07/21/2020
  • DocketHearing on Petition to Confirm Arbitration Award scheduled for 07/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/21/2020; Result Type to Held - Motion Granted

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  • 07/09/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Isidro Miramontes (Petitioner); As to: MORGAN STANLEY & CO. LLC (Respondent); Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 04/02/2020
  • DocketHearing on Petition to Confirm Arbitration Award scheduled for 07/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 03/13/2020
  • DocketCertificate of Mailing for [Minute Order (Ruling on Submitted Matter)]; Filed by: Clerk

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  • 03/13/2020
  • DocketMinute Order (Ruling on Submitted Matter)

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  • 02/25/2020
  • DocketDeclaration DECLARATION OF DAVID HARRISON; Filed by: Isidro Miramontes (Petitioner)

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15 More Docket Entries
  • 10/08/2019
  • DocketProof of Service by Mail; Filed by: Isidro Miramontes (Petitioner); As to: MORGAN STANLEY & CO. LLC (Respondent)

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  • 10/08/2019
  • DocketNotice of Hearing on Petition; Filed by: Isidro Miramontes (Petitioner)

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  • 09/03/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/03/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 08/29/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Isidro Miramontes (Petitioner); As to: MORGAN STANLEY & CO. LLC (Respondent); Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 08/29/2019
  • DocketCivil Case Cover Sheet; Filed by: Isidro Miramontes (Petitioner); As to: MORGAN STANLEY & CO. LLC (Respondent); Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 08/29/2019
  • DocketSummons on Petition; Issued and Filed by: Isidro Miramontes (Petitioner); As to: MORGAN STANLEY & CO. LLC (Respondent); Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 08/29/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 08/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/29/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP03766    Hearing Date: July 21, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Isidro Miramontes’ Petition to Confirm Arbitration Award is GRANTED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of July 17, 2020 [ ] Late [X] None

REPLY: None filed as of July 17, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 6, 2018, Petitioner Isidro Miramontes (“Petitioner”) filed a Statement of Claim with the Financial Industry Regulatory Authority (“FINRA”) Office of Dispute Resolution against Morgan Stanley & Co. (“Morgan Stanley”). (Pet., Exh. 1.) On August 4, 2019, Arbitrator Robert D. Sussin (the “Arbitrator”) rendered an award in favor of Petitioner awarding him the expungement of all references to an underlying customer complaint, occurrence number 998956, from the Central Registration Depository (“CRD”), CRD #2670160, (the “Arbitration Award”). (Id.) The CRD is a database maintained by FINRA for firms and individuals involved in the U.S. securities industry.

On August 29, 2019, Petitioner filed the instant Petition to Confirm FINRA Dispute Resolution Arbitration Award (the “Petition”) against Respondents Morgan Stanley and FINRA (collectively, “Respondents”).

At the initial hearing on February 25, 2020, having heard oral argument from Petitioner, the Court took the matter under submission. (2/25/20 Minute Order.) On March 13, 2020, the Court found that Petitioner satisfied the filing requirements of Code of Civil Procedure section 1285.4, that the neutral arbitrator served a copy of the Arbitration Award on the parties, and that the Petition was served in accordance with Code of Civil Procedure section 1290.4. (3/13/20 Minute Order.) However, the Court continued the Motion because Petitioner failed to file a proof of service for the supplemental papers filed on February 25, 2020. (Id.) On July 7, 2020, Petitioner filed a proof of service as requested.

To date, no opposition has been filed.

  1. Legal Standard

A. Filing Requirements (Code Civ. Proc., § 1285.4)

CCP § 1285.4 states: “A petition under this chapter shall:

  1. 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.

  2. 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.”

As noted above, the Court previously found Petitioner satisfied the filing requirements of Section 1285.4. (3/13/20 Minute Order.) Petitioner set forth and attached a copy of the parties’ agreement to arbitrate, set forth the name of the Arbitrator, and attached a copy of the Arbitration Award. (Id.)

B. Service of the Arbitration Award, Petition, and Notice of Hearing (Code Civ. Proc., §§ 1283.6, 1290.4)

Code of Civil Procedure, section 1283.6 provides that “[t]he 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.”  (Italics added.) 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.)

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.

A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served on Respondents and Petitioners.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

As noted above, the Arbitrator served a copy of the Arbitration Award on August 5, 2019. (3/13/20 Minute Order.) In addition, the Petition and Notice of Hearing were personally served on Respondent Morgan Stanley on September 3, 2019 and on Respondent FINRA on September 6, 2019. (Id.) Lastly, the Petition was filed and served at least 10 days, but no more than four years, after the Arbitration Award was served on both parties.

Thus, the Court finds Petitioner has satisfied the above requirements.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Isidro Miramontes’ Petition to Confirm Arbitration Award is GRANTED.

Moving party is ordered to give notice.

Case Number: 19STCP03766    Hearing Date: February 25, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Isidro Miramontes’ Petition to Confirm Arbitration Award is CONTINUED TO APRIL 29, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 days before the next scheduled hearing, Petitioner must file and serve supplemental papers to correct the deficiencies identified herein. Failure to obey the Court’s order may result in the Motion being placed off calendar or denied.

ANALYSIS:

  1. Background

On June 6, 2018, Petitioner Isidro Miramontes (“Petitioner”) filed a Statement of Claim with the Financial Industry Regulatory Authority (“FINRA”) Office of Dispute Resolution against Morgan Stanley & Co. (“Morgan Stanley”). On August 4, 2019, Arbitrator Robert D. Sussin (the “Arbitrator”) rendered an award in favor of Petitioner, awarding him the expungement of all references to an underlying customer complaint from the Central Registration Depository (“CRD”) (the “Award”). (Pet., Exh. 1., p. 3.) The CRD is a database maintained by FINRA for firms and individuals involved in the U.S. securities industry.

On August 29, 2019, Petitioner filed the instant Petition to Confirm FINRA Dispute Resolution Arbitration Award (the “Petition”) against Respondents Morgan Stanley and FINRA (collectively, “Respondents”). To date, no opposition or reply briefs have been filed.

  1. Legal Standard

A. Filing Requirements (Code Civ. Proc., § 1285.4)

CCP § 1285.4 states: “A petition under this chapter shall:

  1. 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.

  2. 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.”

Petitioner has not submitted a copy of any arbitration agreement, and instead argues that because Petitioner is an “associated person” and because Respondent is a “member” of FINRA, they are required to submit any claims to binding arbitration. (Pet., ¶ 6.) However, Petitioner has not provided any evidence that demonstrates he is an associated person or that Morgan Stanley is a member. Thus, Petitioner has not satisfied the filing requirements of Code of Civil Procedure section 1285.4.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (Code Civ. Proc., §§ 1283.6, 1290.4)

Code of Civil Procedure, section 1283.6 provides that “[t]he 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.”  (Italics added.)

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.

Here, Petitoner has not filed a proof of service demonstrating that Respondent Morgan Stanley and Respondent FINRA have been served with the instant Petition. The proofs of service Petitioner filed on October 8, 2019 indicate only that Respondents were served with the “Notice of Hearing” and “First Amended Standing Order.” (10/8/19 Proofs of Service.) Thus, Petitioner has not satisfied Code of Civil Procesure section 1290.4.

The Court also notes that Petitioner has not demonstrated that the Arbitrator served a copy of the Award on Petitioner and Respondents as required by Code of Civil Procedure, section 1283.6. Although the signature page on the Award provides a “Date of Service” of August 5, 2019, it does not specify on whom the award was served. (Pet., Exh. 1, p. 6.)

  1. Conclusion & Order

For the foregoing reasons, Petitioner Isidro Miramontes’ Petition to Confirm Arbitration Award is CONTINUED TO APRIL 29, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 days before the next scheduled hearing, Petitioner must file and serve supplemental papers to correct the deficiencies identified herein. Failure to obey the Court’s order may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.