Mendez

J. Alexander Securities, Inc. v. Mendez

Good Law
17 Cal. App. 4th 1083·1993 Cal. App. LEXIS 822·21 Cal. Rptr. 2d 826·93 Daily Journal DAR 10263·93 Cal. Daily Op. Serv. 6000
Court of Appeal of CaliforniaAugust 9, 1993B070514California4,194 words

Opinion

Opinion

Nott, J.

J. Alexander Securities, Inc., appeals from the judgment entered against it following the trial court’s denial of a motion to correct an arbitration award that included punitive damages. We affirm the judgment.

Facts and Procedural History

In 1980, respondent Signe Mendez, an elderly widow, opened a securities account with appellant J. Alexander Securities, Inc., a brokerage firm in Los Angeles. Respondent executed an agreement regarding payment for securities purchased on her behalf, entitled “Cash Account Agreement.” The cash account agreement provided, inter alia, that, “[tjhis agreement and its enforcement shall be governed by the laws of the State of New York . . . ,” The cash account agreement also contained a clause providing for arbitration of “any dispute or controversy between [appellant and respondent] arising under any provision of the federal securities laws” and “all other disputes or controversies between us arising out of [appellant’s] business or this agreement.”

In 1991, a dispute arose in which respondent alleged that appellant and Andrew Weber, an account manager employed by appellant, had engaged in securities fraud, deceptive practices, account…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.