Bak

Bak v. MCL Financial Group, Inc.

Good Law
170 Cal. App. 4th 1118·2009 Cal. App. LEXIS 133·88 Cal. Rptr. 3d 800
Court of Appeal of CaliforniaJanuary 30, 2009G040130California3,038 words

Opinion

Opinion

Rylaarsdam, J.

Objector Theodore C. Peters, an attorney for defendants and cross-complainants MCL Financial Group, Inc., and Michael Upton (collectively defendants), appeals from a judgment confirming an award issued by an arbitration panel. He contends the arbitrators exceeded their powers by ordering him to pay $7,500 in sanctions as a result of his conduct during a prehearing dispute over the production of documents and the trial court erred by failing to strike the sanctions order when confirming the arbitration award. Since objector’s claims lack merit, we shall affirm the judgment.

FACTS AND PROCEDURAL BACKGROUND

Plaintiffs are seven registered representatives of the Financial Industry Regulatory Authority (FINRA; previously known as the National Association of Securities Dealers or NASD). Before this litigation arose, each plaintiff had been employed by defendants on a commission basis to assist clients with property transfers eligible for tax-free exchanges under the Internal Revenue Code. Each plaintiff had executed a registered representative agreement with defendants that included a clause declaring, “Any controversies or claims arising out of or relating to this Agreement,…

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