This case was last updated from Los Angeles County Superior Courts on 05/01/2021 at 08:57:43 (UTC).

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

Case Summary

On 12/24/2020 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 SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4228

  • Filing Date:

    12/24/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

MIRAMONTES ISIDRO

Respondents

MORGAN STANLEY & CO. LLC

FINANCIAL INDUSTRY REGULATORY AUTHORITY "FINRA"

Attorney/Law Firm Details

Respondent Attorney

WERDERITCH LORI L.

Other Attorneys

HARRISON DAVID

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 04/29/2021

4/29/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 04/29/2021

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

4/29/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Proof of Personal Service - Proof of Personal Service

1/13/2021: Proof of Personal Service - Proof of Personal Service

Response to Petition - Response to Petition

1/20/2021: Response to Petition - Response to Petition

First Amended Standing Order - First Amended Standing Order

12/24/2020: First Amended Standing Order - First Amended Standing Order

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

12/24/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Summons - Summons on Petition

12/24/2020: Summons - Summons on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

12/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

12/24/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

12/24/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 04/29/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

    Read MoreRead Less
  • 04/29/2021
  • DocketCertificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 04/29/2021; Filed by: Clerk

    Read MoreRead Less
  • 04/29/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 04/29/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 04/29/2021; Result Type to Held

    Read MoreRead Less
  • 01/20/2021
  • DocketResponse to Petition; Filed by: FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") (Respondent)

    Read MoreRead Less
  • 01/13/2021
  • DocketProof of Personal Service; Filed by: Isidro Miramontes (Petitioner); As to: MORGAN STANLEY & CO. LLC (Respondent); FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") (Respondent); Service Date: 12/24/2020; Service Cost Waived: No

    Read MoreRead Less
  • 12/24/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 12/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 12/24/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 12/24/2020
  • DocketSummons on Petition; Issued and Filed by: Isidro Miramontes (Petitioner); As to: MORGAN STANLEY & CO. LLC (Respondent); FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") (Respondent)

    Read MoreRead Less
  • 12/24/2020
  • DocketCivil Case Cover Sheet; Filed by: Isidro Miramontes (Petitioner); As to: MORGAN STANLEY & CO. LLC (Respondent); FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") (Respondent)

    Read MoreRead Less
  • 12/24/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Isidro Miramontes (Petitioner); As to: MORGAN STANLEY & CO. LLC (Respondent); FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") (Respondent)

    Read MoreRead Less
  • 12/24/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 04/29/2021 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 12/24/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STCP04228    Hearing Date: April 29, 2021    Dept: 26

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD
MOVING PARTY: Petitioner Isidro Miramontes
RESP. PARTY: None
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285)
TENTATIVE RULING:
Petitioner Isidro Miramontes’ Petition to Confirm the Arbitration Award Issued on November
17, 2020 is GRANTED. PURSUANT TO THE AWARD, THE COURT ORDERS
EXPUNGEMENT OF ALL REFERENCES TO THE ARBITRATION PROCEEDING FROM
REGISTRATION RECORDS MAINTAINED BY THE CENTRAL REGISTRATION
DEPOSITORY (“CRD”) FOR PETITIONER ISIDRO MIRAMONTES.
PETITIONER IS TO FILE A PROPOSED ORDER CONFIRMING THE ARBITRATION
AWARD WITHIN TEN (10) DAYS’ SERVICE OF THIS ORDER.
ANALYSIS:
Petitioner Isidro Miramontes (“Petitioner”) filed the instant Petition to Confirm Contractual
Arbitration Award against Respondents Morgan Stanley & Co., LLC (“Respondent Morgan
Stanley”) and Financial Industry Regulatory Authority (“Respondent FINRA”) on December 24,
2020. The Petition seeks to confirm three different arbitration award issued over the past four
years in Petitioner’s favor requiring expungement of all references to the arbitration proceeding
from registration records maintained by the Central Registration Depository (“CRD”) for
Petitioner. (Pet., Exhs. 2-4.) Financial Industry Regulatory Authority filed a notice of non-
opposition on January 20, 2021. To date, no opposition has been filed.
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 respondents all parties to the arbitration
and may name as respondents any other persons bound by the arbitration award.” (Code Civ.
Proc., § 1285.)
“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.)
Discussion
The Court initially addresses Petitioner’s request to confirm three separate arbitration agreements
through a single Petition. No authority is set forth in the Petition for the consolidation of these
requests into a single petition and the Court is not aware of any such authority. To the contrary,
the moving statutes refers to the confirmation of a single award and judgment is to be entered in
conformity with that award. (Code Civ. Proc., §§ 1285 and 1287.4.) Additionally, requesting
confirmation of multiple awards impacts the Court’s calendar by placing more petitions on the
calendar than slots have been provided by the online reservation system. Furthermore, it allows
Petitioner to avoid paying the requisite filing fees. Statutorily required filing fees are
jurisdictional and “it is mandatory for the court clerks to demand and receive statutorily required
filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.)
Therefore, the Court will only the consider the Petition as to the first arbitration award, issued on
November 17, 2020 by arbitrator Elliot Finkel (“the Award”). (Pet., Exh. 2.) No ruling is made as
to the other two arbitration awards.
A.         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.”
(Code Civ. Proc., § 1285.4 (emphasis added).)
Petitioner has submitted a copy of the Arbitration Agreement, name of the arbitrator, and a copy
of the Award (Pet., Exhs. 1-2). 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 (CCP § 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.”
(Code Civ. Proc., § 1290.4.) Respondent Morgan Stanley was personally served with the Petition
and Notice of Hearing on December 24, 2020. (Proof of Personal Service, filed 12/24/20.) No
proof of service has been filed as to Resopndent FINRA, but it filed a notice of non-opposition
on January 20, 2021 and is thereby subject to the jurisdiction of the Court.
C. Service of the Arbitration Award (CCP § 1283.6)
         
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 arbitration, 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 Award was served by the
arbitrator on November 17, 2020, but the manner of service is not indicated. (Pet., Exh. 2.)
However, service of the Award with the Petition is sufficient to satisfy Code of Civil Procedure
section 1283.6.
D. Timing of Service of Petition (CCP §§ 1288, 1288.4)
           
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.) The Petition was served approximately one month after the Award was
issued. Therefore, the timing requirements of Code of Civil Procedure sections 1288 and 1288.4
are satisfied.
E. 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. (Code Civ. Proc., § 1286; Valsan Partners Limited Partnership v. Calcor Space
Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) Petitioner has demonstrated that on November
17, 2020, the arbitrator issued an Arbitration Award in his favor and against Respondent Morgan
Stanley requiring expungement of all references to the arbitration proceeding from registration
records maintained by the Central Registration Depository (“CRD”) for Petitioner. (Pet., Exh. 1.)
Conclusion
Petitioner Isidro Miramontes’ Petition to Confirm the Arbitration Award Issued on November
17, 2020 is GRANTED. PURSUANT TO THE AWARD, THE COURT ORDERS
EXPUNGEMENT OF ALL REFERENCES TO THE ARBITRATION PROCEEDING FROM
REGISTRATION RECORDS MAINTAINED BY THE CENTRAL REGISTRATION
DEPOSITORY (“CRD”) FOR PETITIONER ISIDRO MIRAMONTES.
PETITIONER IS TO FILE A PROPOSED ORDER CONFIRMING THE ARBITRATION
AWARD WITHIN TEN (10) DAYS’ SERVICE OF THIS ORDER.
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Financial Industry Regulatory Authority, Inc. is a litigant

Latest cases where MORGAN STANLEY & CO LLC is a litigant