This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 08:35:48 (UTC).

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

Case Summary

On 11/27/2019 ISIDRO MIRAMONTES filed an Other - Other Judicial Review 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:

    *******5101

  • Filing Date:

    11/27/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Other Judicial Review

  • 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

UBS FINANCIAL SERVICES INC.

FINANCIAL INDUSTRY REGULATORY AUTHORITY FINRA

MORGAN STANLEY & CO LLC

Attorney/Law Firm Details

Petitioner Attorney

HARRISON DAVID

 

Court Documents

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

8/18/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Proof of Service by Mail - Proof of Service by Mail

3/26/2020: Proof of Service by Mail - Proof of Service by Mail

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

3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

2/13/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Notice (name extension) - Notice FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. NON-OPPOSITION TO PETITION TO CONFIRM FINRA RESOLUTION ARBITRATION AWARD

1/17/2020: Notice (name extension) - Notice FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. NON-OPPOSITION TO PETITION TO CONFIRM FINRA RESOLUTION ARBITRATION AWARD

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

12/9/2019: 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)

12/9/2019: 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)

12/9/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

11/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice (name extension) - Notice NOTICE OF UNAVAILABILITY OF COUNSEL

11/27/2019: Notice (name extension) - Notice NOTICE OF UNAVAILABILITY OF COUNSEL

Civil Case Cover Sheet - Civil Case Cover Sheet

11/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

11/27/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

First Amended Standing Order - First Amended Standing Order

11/27/2019: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

11/27/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

2 More Documents Available

 

Docket Entries

  • 08/18/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 08/18/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/18/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/18/2020; Result Type to Held - Motion Granted

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  • 03/26/2020
  • DocketProof of Service by Mail; Filed by: Isidro Miramontes (Petitioner); As to: Morgan Stanley & Co, LLC (Respondent); UBS Financial Services Inc. (Respondent); Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 03/18/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/18/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 04/01/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/18/2020 10:30 AM

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  • 02/13/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 01/17/2020
  • DocketNotice FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. NON-OPPOSITION TO PETITION TO CONFIRM FINRA RESOLUTION ARBITRATION AWARD; Filed by: Financial Industry Regulatory Authority (FINRA) (Respondent); As to: Isidro Miramontes (Petitioner)

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  • 12/09/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: Isidro Miramontes (Petitioner); As to: UBS Financial Services Inc. (Respondent)

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  • 12/09/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: Isidro Miramontes (Petitioner); As to: Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 12/09/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: Isidro Miramontes (Petitioner); As to: Morgan Stanley & Co, LLC (Respondent)

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  • 12/02/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 04/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/02/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 11/27/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Isidro Miramontes (Petitioner); As to: Morgan Stanley & Co, LLC (Respondent); UBS Financial Services Inc. (Respondent); Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 11/27/2019
  • DocketNotice NOTICE OF UNAVAILABILITY OF COUNSEL; Filed by: Isidro Miramontes (Petitioner); As to: Morgan Stanley & Co, LLC (Respondent); UBS Financial Services Inc. (Respondent); Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 11/27/2019
  • DocketCivil Case Cover Sheet; Filed by: Isidro Miramontes (Petitioner); As to: Morgan Stanley & Co, LLC (Respondent); UBS Financial Services Inc. (Respondent); Financial Industry Regulatory Authority (FINRA) (Respondent)

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  • 11/27/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP05101    Hearing Date: August 18, 2020    Dept: 25

HEARING DATE: Tue., August 18, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Miramontes v. Morgan Stanley & Co., et al. PET. FILED: 11-27-19

CASE NUMBER: 19STCP05101

NOTICE: OK

PROCEEDINGS: PETITION TO CONFIRM FINRA DISPUTE RESOLUTION ARBITRATION AWARD

MOVING PARTY: Petitioner Isidro Miramontes

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Isidro Miramontes’ Petition to Confirm FINRA Dispute Resolution 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 August 14, 2020 [ ] Late [X] None

REPLY: None filed as of August 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 22, 2018, Petitioner Isidro Miramontes (“Petitioner”) filed a statement of claim with the Financial Regulatory Authority (“FINRA”) Office of Dispute Resolution against Respondents Morgan Stanley & Co., LLC and UBS Financial Services, Inc. (collectively, “Respondents”). (Pet., Exh. 1.) On October 10, 2019, Arbitrator Natalie Panossian-Brasslier (the “Arbitrator”) rendered an award in favor of Petitioner for the expungement of all references to the underlying complaint, occurrence number 1478572, from the Central Registration Depository (“CRD”), CRD No. 2670160 (the “Arbitration Award”). (Id.) The CRD is a database maintained by FINRA for firms and individuals that participate in the U.S. securities industry.

On November 27, 2019, Petitioner filed the instant Verified Petition to Confirm FINRA Dispute Resolution Arbitration Award (the “Petition”). To date, no opposition has been filed.

  1. Legal Standard

“Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator's reasoning, nor may we correct or review an award because of an arbitrator's legal or factual error, even if it appears on the award's face. Instead, we restrict our review to whether the award should be vacated under the grounds listed in section 1286.2. [Citations.]’” (Id.)

  1. Discussion

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 set forth the nature of the parties’ agreement to arbitrate, attached a copy of FINRA’s arbitration agreement, and submitted a copy of the Arbitration Award, which includes the name of the neutral arbitrator. Thus, the Court finds that Petitioner has satisfied Code of Civil Procedure section 1285.4, subdivisions (a)-(c).

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

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.

Petitioner filed proof of service demonstrating that the Petition and Notice of Hearing were personally served on Respondents on December 4, 2019. (12/9/19 Proofs of Service.) Accordingly, the Court finds Petitioner has satisfied Section 1290.4.

C. Service of the Arbitration Award (CCP § 1283.6) and Timing of Service of Petition (CCP § 1288)

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.” (Emphasis 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.) The Arbitration Award states that it was served on the parties on October 11, 2019, but does not include a proof of service demonstrating how the Award was served. (Pet., Exh. 1.) However, as the Arbitration Award was served with the instant Petition, the Court finds the requirements of Section 1283.6 satisfied.

Furthermore, 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. (Code Civ. Proc., §§ 1288, 1288.4.) Here, the Arbitration Award was initially served on October 11, 2019. Thus, the Petition is timely.

  1. Conclusion & Order

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

Moving party is ordered to give notice.