This case was last updated from Los Angeles County Superior Courts on 12/04/2020 at 01:49:17 (UTC).

ROBERT ANTHONY DALY VS UBS FINANCIAL SERVICES, INC., ET AL.

Case Summary

On 07/29/2020 ROBERT ANTHONY DALY filed an Other - Arbitration lawsuit against UBS FINANCIAL SERVICES, INC . 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2402

  • Filing Date:

    07/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

DALY ROBERT ANTHONY

Respondents

FINANCIAL INDUSTRY REGULATORY AUTHORITY INC.

UBS FINANCIAL SERVICES INC.

Attorney/Law Firm Details

Petitioner Attorney

KIMBALL JULIE Z

 

Court Documents

Request For Entry of Judgment (Enforcement of Judgment) - Request For Entry of Judgment (Enforcement of Judgment)

11/20/2020: Request For Entry of Judgment (Enforcement of Judgment) - Request For Entry of Judgment (Enforcement of Judgment)

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

12/1/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

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

12/2/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/16/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/16/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/17/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/17/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/18/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/18/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/21/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice (name extension) - Notice Financial Industry Regulatory Authority, Inc.s Non-opposition to Petition to Confirm Contractual Arbitration Award

8/26/2020: Notice (name extension) - Notice Financial Industry Regulatory Authority, Inc.s Non-opposition to Petition to Confirm Contractual Arbitration Award

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

8/14/2020: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

Proof of Personal Service - Proof of Personal Service

8/5/2020: Proof of Personal Service - Proof of Personal Service

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

7/29/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Notice of Hearing on Petition - Notice of Hearing on Petition

7/29/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

7/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Petition

7/29/2020: Summons - Summons on Petition

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

7/29/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 12/02/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 12/02/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 12/02/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 12/02/2020; Result Type to Held - Motion Denied

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  • 12/01/2020
  • DocketNotice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by:

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  • 12/01/2020
  • DocketOrder [Proposed] Entry of Judgment Confirming Arbitration Award Without Hearing - Rejected; Submitted by: Robert Anthony Daly (Petitioner); As to: Financial Industry Regulatory Authority, Inc. (Respondent)

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  • 11/20/2020
  • DocketRequest For Entry of Judgment (Enforcement of Judgment); Filed by: Robert Anthony Daly (Petitioner); As to: UBS Financial Services, Inc. (Respondent); Financial Industry Regulatory Authority, Inc. (Respondent)

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  • 09/21/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Robert Anthony Daly (Petitioner); As to: UBS Financial Services, Inc. (Respondent)

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  • 09/21/2020
  • DocketDefault entered as to UBS Financial Services, Inc. On the Petition filed by Robert Anthony Daly on 07/29/2020

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  • 09/18/2020
  • DocketNotice and Acknowledgment of Receipt; Filed by: Robert Anthony Daly (Petitioner); As to: UBS Financial Services, Inc. (Respondent)

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  • 09/18/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Robert Anthony Daly (Petitioner)

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  • 09/18/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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6 More Docket Entries
  • 08/05/2020
  • DocketProof of Personal Service; Filed by: Robert Anthony Daly (Petitioner); As to: Financial Industry Regulatory Authority, Inc. (Respondent); Service Date: 08/03/2020; Service Cost: 95.00; Service Cost Waived: No

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  • 07/29/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 12/02/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/29/2020
  • DocketSummons on Petition; Issued and Filed by: Robert Anthony Daly (Petitioner); As to: UBS Financial Services, Inc. (Respondent); Financial Industry Regulatory Authority, Inc. (Respondent)

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  • 07/29/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Robert Anthony Daly (Petitioner); As to: UBS Financial Services, Inc. (Respondent); Financial Industry Regulatory Authority, Inc. (Respondent)

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  • 07/29/2020
  • DocketCivil Case Cover Sheet; Filed by: Robert Anthony Daly (Petitioner); As to: UBS Financial Services, Inc. (Respondent); Financial Industry Regulatory Authority, Inc. (Respondent)

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  • 07/29/2020
  • DocketCivil Case Cover Sheet; Filed by: Robert Anthony Daly (Petitioner); As to: UBS Financial Services, Inc. (Respondent); Financial Industry Regulatory Authority, Inc. (Respondent)

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  • 07/29/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/29/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/29/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/29/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02402    Hearing Date: December 02, 2020    Dept: 25

HEARING DATE: Wed., December 2, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Daly v. UBS Financial Services, Inc. et al. PET. FILED: 07-29-20

CASE NUMBER: 20STCP02402

NOTICE: OK

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Robert Anthony Daly

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285 et seq.)

TENTATIVE RULING:

The Petition to Confirm Arbitration Award is DENIED.

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 November 30, 2020 [ ] Late [X] None

REPLY: None filed as of November 30, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 27, 2020, arbitrators Cherie S. Lewis, Maureen Weston, and Michael Lawrence Chappell (the “Arbitrators”) with the FINRA Dispute Resolution Services issued an Amended Award in favor of Robert Anthony Daly (“Petitioner”) and against Respondent UBS Financial Services, Inc. (“Respondent UBS”). The Award requires the expungement of underlying claims, occurrence numbers 1311693, 1500086, 1588832, and 1627603 from the Central Registration Depository (“CRD”). (Pet., Attach 8(c).) The CRD is a database maintained by FINRA for firms and individuals that participate in the U.S. securities industry.

On August 5, 2020, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondent UBS and Respondent FINRA. Respondent FINRA filed a Notice of Non-Opposition on August 26, 2020, and default was entered against Respondent UBS on September 21, 2020.

  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)

Code of Civil Procedure section 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 attached a copy of the parties’ agreement to arbitrate their dispute with FINRA and attached a copy of the Arbitration Award, which includes the names of the neutral arbitrators. Thus, Petitioner has satisfied Section 1285.4.

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 a proof of service demonstrating the Petition and Notice of Hearing were personally served on Respondent FINRA on August 3, 2020. (8/5/20 Proof of Service.) He also filed a Notice and Acknowledgement of Receipt demonstrating Respondent UBS acknowledged receipt of the Petition and Notice of Hearing on August 14, 2020. (9/18/20 Notice of Acknowledgement of Receipt.) Thus, Petitioner satisfied section 1290.4.

  1. 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.) Here, the Arbitration Award states that it was served on the parties on July 27, 2020, but doesn’t include a proof of service. (Pet., Attach. 8(c).) However, the service 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.) A copy of the Arbitration Award was served with this Petition. Thus, Section 1283.6 is satisfied.

In addition, 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.) (Emphasis added.) Here, Petitioner filed this Petition only two days after the Arbitrators served the Award. Thus, Petitioner has not satisfied the requirements of Section 1288.4.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Confirm Arbitration Award is DENIED.

Moving party is ordered to give notice.

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