PAUL SELVIN VS MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., ET AL.

Tentative Rulings

Case Number: 20STCP03084    Hearing Date: January 29, 2021    Dept: 25

HEARING DATE:   Fri., January 29, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME:  Selvin v. Merrill Lynch, Pierce, Fenner & Smith Inc.

PROCEEDINGS:     PETITION TO CONFIRM FINRA DISPUTE RESOLUTION ARBITRATION AWARD

MOVING PARTY:   Petitioner Paul Selvin

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Paul Selvin’s Petition to Confirm FINRA Dispute Resolution Arbitration Award is CONTINUED TO MARCH 39, 2021 at 10:30_ a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[   ] Correct Address (CCP §§ 1013, 1013a) NO

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of January 27, 2021 [   ] Late [X] None

REPLY: None filed as of January 27, 2021 [   ] Late [X] None

ANALYSIS:

1. Background

Petitioner Paul Selvin (“Petitioner”) filed the instant Verified Petition to Confirm FINRA Dispute Resolution Arbitration Award (the “Petition”) against Respondents Merrill Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”) and the Financial Industry Regulatory Authority (“FINRA”) (collectively, “Respondents”) on September 25, 2020.

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.”  (EHM Productions, supra, at p. 1063-64.)

1. Discussion

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

As an initial matter, the Court notes Petitioner did not file a proof of service demonstrating Respondents were properly served with the Petition and notice of hearing.

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.

Thus, Petitioner is ordered to file a proof of service demonstrating the requirements of Section 1290.4 have been met.

1. Conclusion & Order

For the foregoing reasons, Petitioner Paul Selvin’s Petition to Confirm FINRA Dispute Resolution Arbitration Award is CONTINUED TO MARCH 30, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.