JOHNSON, vs LPL FINANCIAL LLC

26CV198005: JOHNSON, vs LPL FINANCIAL LLC 08/11/2026 Hearing on Motion to Confirm Arbitration Award in Department 514

Tentative Ruling - 08/07/2026 Julie Wilensky

Petitioner Russell David Johnson (“Petitioner”) seeks to confirm a FINRA arbitration award issued on 4/29/2026 (“Award”) by Daniel M. Yamshon. The arbitration took place on 4/7/2026, after Petitioner and Respondent LPL Financial LLC (“LPL”) submitted their respective submission agreements to arbitrate their dispute. (Pet. ¶¶ 6-10, Exs. 1-3.) The Award was served on 4/29/2026. (See Ex. 4 at p. 4.)

The Award recommends the expungement of the Reason for Termination and Termination Explanation in Section 3 of Petitioner’s Form U5 filed by Respondent on 1/18/2023 and maintained by the CRD; and the expungement of all references to Occurrence Number 2251934 from the registration records maintained by the CRD for Petitioner. (See Ex. 4.)

“FINRA Rules, rule 2080(a) requires parties seeking expungement of customer complaints from a CRD record to ‘obtain an order from a court of competent jurisdiction directing such expungement or confirming an arbitration award containing expungement relief.’ (FINRA Rules, rule 2080(a).)” (Royal All. Assocs., Inc. v. Liebhaber (2016) 2 Cal.App.5th 1092, 1102.) “Pursuant to FINRA Rules, rule 2080(b), parties ‘seeking judicial confirmation of an arbitration award containing expungement relief must name FINRA as an additional party and serve FINRA with all appropriate documents unless this requirement is waived....’” (Ibid.) Petitioner did not name or serve FINRA with the petition.

Petitioner filed this petition to confirm the Award pursuant to the Federal Arbitration Act. In California courts, the procedural rules of the California Arbitration Act (“CAA”) “apply by default, including those cases in which the FAA governs the arbitrability of the controversy.” (Quach v. California Com. Club, Inc.(2024) 16 Cal.5th 562, 582.)

Petitioner has substantially complied with applicable pleading requirements under the CAA by attaching copies of the parties’ respective agreements to arbitrate and including a copy of the Award. Petitioner has partially complied with notice requirements by serving LPL with the petition; however, Petitioner did not provide LPL with notice of the hearing as required by Code of Civil Procedure (“CCP”) section 1290.4(a). Nor, as noted above, did Petitioner name FINRA as a respondent or serve FINRA with the petition or notice of hearing.

The hearing is CONTINUED to 10/13/2026 at 2:30 p.m. in Department 514.

On or before 9/1/2026, Petitioner may file an amended petition that names FINRA as a respondent. (Royal All. Assocs., Inc. v. Liebhaber, 2 Cal.App.5th at 1102.) Petitioner shall serve all respondents with the amended petition and a copy of this order, which shall serve as written notice of the continued hearing date. Because Petitioner has already served LPL with the petition, Petitioner may serve LPL with the amended petition and notice of hearing by mail. 26CV198005: JOHNSON, vs LPL FINANCIAL LLC 08/11/2026 Hearing on Motion to Confirm Arbitration Award in Department 514 However, Petitioner must serve FINRA with the petition and notice of hearing “in the manner provided by law for the service of summons” and file proof of service no later than 9/8/2026. (See CCP § 1290.4(b).)

Any response to the petition shall be due within the applicable statutory time period.

The Hearing on Motion to Confirm Arbitration Award scheduled for 08/11/2026 is continued to 10/13/2026 at 02:30 PM in Department 514 at Hayward Hall of Justice.

HOW DO I CONTEST A TENTATIVE RULING?

THROUGH ECOURT

Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps:

1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select “Search” 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select “Click to Contest this Ruling” 7. Enter your Name and Reason for Contesting 8. Select “Proceed”

BY EMAIL

Send an email to the DEPARTMENT CLERK and all the other parties. This will permit the department clerk to send invitations to counsel to appear remotely.

BOTH ECOURT AND EMAIL notices are required.