This case was last updated from Los Angeles County Superior Courts on 09/29/2021 at 16:32:19 (UTC).

MICHAEL GREENSTONE VS PRUDENTIAL EQUITY GROUP, LLC, ET AL.

Case Summary

On 11/04/2020 MICHAEL GREENSTONE filed an Other - Arbitration lawsuit against PRUDENTIAL EQUITY GROUP, 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 Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3631

  • Filing Date:

    11/04/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

GREENSTONE MICHAEL

Respondents

PRUDENTIAL EQUITY GROUP LLC

FINANCIAL INDUSTRY REGULATORY AUTHORITY "FINRA"

Attorney/Law Firm Details

Respondent Attorney

SNYDER JASON J

Other Attorneys

MAHONEY PATRICK R.

 

Court Documents

Notice of Ruling - Notice of Ruling

3/22/2021: Notice of Ruling - Notice of Ruling

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

3/8/2021: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

Notice of Appearance - Notice of Appearance

3/9/2021: Notice of Appearance - Notice of Appearance

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

3/10/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Declaration (name extension) - Declaration of Patrick Mahoney re: Respondents Non-Opposition to Petition to Confirm Arbitration Award

12/7/2020: Declaration (name extension) - Declaration of Patrick Mahoney re: Respondents Non-Opposition to Petition to Confirm Arbitration Award

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

11/13/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Personal Service - Proof of Personal Service

11/13/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

11/4/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

11/4/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

11/4/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

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

11/4/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

11/4/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 06/21/2021
  • DocketNon-Appearance Case Review re Proposed Judgment scheduled for 08/26/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/21/2021

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  • 04/29/2021
  • DocketNon-Appearance Case Review re Proposed Judgment scheduled for 08/26/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/22/2021
  • DocketNotice of Ruling; Filed by: Michael Greenstone (Petitioner)

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  • 03/10/2021
  • DocketCourt orders judgment entered for Petitioner Michael Greenstone against Respondent Prudential Equity Group, LLC and Respondent Financial Industry Regulatory Authority ("FINRA") on the Petition filed by Michael Greenstone on 11/04/2020 for a total of $0.00.

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  • 03/10/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 03/10/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/10/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/10/2021; Result Type to Held

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  • 03/10/2021
  • DocketUpdated -- Petition to Confirm Arbitration Award: Filed By: Michael Greenstone (Petitioner); Result: Granted; Result Date: 03/10/2021

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  • 03/09/2021
  • DocketNotice of Appearance; Filed by: Prudential Equity Group, LLC (Respondent)

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  • 03/08/2021
  • DocketNotice and Acknowledgment of Receipt; Filed by: Michael Greenstone (Petitioner); As to: Prudential Equity Group, LLC (Respondent)

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  • 12/07/2020
  • DocketDeclaration of Patrick Mahoney re: Respondents Non-Opposition to Petition to Confirm Arbitration Award; Filed by: Michael Greenstone (Petitioner)

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  • 11/13/2020
  • DocketProof of Personal Service; Filed by: Michael Greenstone (Petitioner); As to: Financial Industry Regulatory Authority ("FINRA") (Respondent); Service Date: 11/06/2020; Service Cost: 40.00; Service Cost Waived: No

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  • 11/13/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Michael Greenstone (Petitioner); As to: Prudential Equity Group, LLC (Respondent)

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  • 11/04/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Michael Greenstone (Petitioner); As to: Prudential Equity Group, LLC (Respondent); Financial Industry Regulatory Authority ("FINRA") (Respondent)

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  • 11/04/2020
  • DocketCivil Case Cover Sheet; Filed by: Michael Greenstone (Petitioner); As to: Prudential Equity Group, LLC (Respondent); Financial Industry Regulatory Authority ("FINRA") (Respondent)

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  • 11/04/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/04/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/04/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/04/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/10/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/04/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03631    Hearing Date: March 10, 2021    Dept: 26

Greenstone v. USB Financial Services, Inc., et al

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

The Petition to Confirm Arbitration Award is Granted.

ANALYSIS:

Petitioner Michael Greenstone (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award against Respondents Prudential Equity Group, LLC (“Prudential”) and Financial Industry Regulatory Authority (“FINRA”) (“collectively, Respondents”) on November 4, 2020. The Petition seeks to confirm the arbitration award issued on September 15, 2020 in favor of Petitioner requiring expungement of all references to a certain customer dispute information maintained by the Central Registration Depository (“CRD”). (Pet., Exh. 1.) On December 7, 2020, Petitioner filed a notice of non-opposition. To date, no opposition has been filed.

Discussion

“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., § 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.” (Code Civ. Proc., § 1286.)

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 Arbitration Award (Pet., Exhs. 1-3). Thus, the Court finds that Petitioner has satisfied Code of Civil Procedure section 1285.4, subdivisions (a)-(c).

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.) Petitioner filed a proof of service showing that the Petition papers and notice of hearing were pesonally served on Respondent FINRA on November 5, 2020. (Proof of Personal Service, filed 11/13/20.) Petitioner’s proof of service with respect to Respondent Prudential, however, shows the Petition and Notice of Hearing were electronically served. (Proof of Service, filed 11/13/20.) Petitioner has demonstrated that Respondent Prudentail has waived the statutory requiements for service by filing a Acknowledged Receipt of the Peitition Papers. (Filed 3/8/21.)

Therefore, the Court finds that the requirements of Code of Civil Procedure section 1290.4 have been met with respect to Respondent Prudential.

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 September 16, 2020, but the manner of service is not indicated. (Pet., Exh. 1.) Since a copy of the Award was also served with the instant Petition, the Court finds Code of Civil Procedure section 1283.6 is satisfied with respect to Respondent FINRA and Respondent Prudential.

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 Court finds that the Petition was timely served.

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 September 15, 2020, the arbitrator issued an Arbitration Award in his favor and against Respondents requiring expungement of all references to certain customer dispute information as to Petitioner maintained by the CRD. (Pet., Exh. 1.)

Conclusion

The Petition to Confirm Arbitration Award GRANTED.

Moving party is to give notice.

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